State v. Carmody

5 Citing cases

  1. Goldendale v. Graves

    14 Wn. App. 925 (Wash. Ct. App. 1976)   Cited 5 times

    Does this mean there can be no exceptions? State v. Gregory, 74 Wn.2d 696, 698, 446 P.2d 191 (1968); State v. Carmody, 75 Wn.2d 615, 617, 452 P.2d 959 (1969); State v. Sodorff, 84 Wn.2d 888, 890, 529 P.2d 1066 (1975). Our Supreme Court has never said that these rules are imbedded in immovable concrete forms; but it has said in Port Angeles v. Dustin, 73 Wn.2d 712, 715, 440 P.2d 420 (1968):

  2. State v. Sodorff

    11 Wn. App. 420 (Wash. Ct. App. 1974)   Cited 2 times

    The prosecuting attorney, noting this oversight, filed a motion in the Superior Court to dismiss the appeal. [1] The Superior Court Judge, recognizing the rule as set down in State v. Carmody, 75 Wn.2d 615, 452 P.2d 959 (1969); State v. Gregory, 74 Wn.2d 696, 446 P.2d 191 (1968); Port Angeles v. Dustin, 73 Wn.2d 712, 440 P.2d 420 (1968), granted the State's motion. The cases cited require, in clear and concise language, strict compliance with the rule requiring serving and filing of the notice of appeal and other requirements set forth in JCrR 6.01.

  3. State v. Sodorff

    529 P.2d 1066 (Wash. 1975)   Cited 4 times
    In State v. Sodorff, 84 Wn.2d 888, 891, 529 P.2d 1066 (1975), Mr. Sodorff failed to serve the prosecuting attorney with a written notice of appeal. Mr. Sodorff had appeared pro se and contended the court should have told him to also serve the prosecuting attorney.

    [3] We have consistently held that the rules governing appeals from the district court are mandatory and that an appellant has the burden of complying with them. State v. Carmody, 75 Wn.2d 615, 452 P.2d 959 (1969); State v. Gregory, 74 Wn.2d 696, 446 P.2d 191 (1968). Responsibility for compliance cannot be shifted to the district court or to the prosecuting attorney.

  4. State v. Arambul

    605 P.2d 1289 (Wash. Ct. App. 1980)

    (Italics mine.)State v. Gregory, 74 Wn.2d 696, 698, 446 P.2d 191 (1968); State v. Carmody, 75 Wn.2d 615, 617, 452 P.2d 959 (1969); State v. Sodorff, 84 Wn.2d 888, 890, 529 P.2d 1066 (1975). JCrR 6.01(d) states: "The justice court shall give prompt notice of the filing . . ."

  5. State v. Taylor

    565 P.2d 102 (Wash. Ct. App. 1977)   Cited 3 times
    In State v. Taylor, 17 Wn. App. 736, 565 P.2d 102 (1977), the court held that the defendant's request for continuance did not result in a waiver because the record did not show that the continuance caused the trial to be set beyond the 60-day requirement.

    [3] It has been repeatedly held that the rules governing courts of limited jurisdiction are mandatory and the failure to strictly comply with the rules results in a dismissal. See State v. Sodorff, 84 Wn.2d 888, 529 P.2d 1066 (1975); State v. Carmody, 75 Wn.2d 615, 452 P.2d 959 (1969); State v. Gregory, 74 Wn.2d 696, 446 P.2d 191 (1968). Likewise, the speedy trial rule applicable to superior courts, CrR 3.3, has been strictly enforced and noncompliance results in a dismissal.