State v. Clarke

2 Citing cases

  1. State v. Walker

    No. 26736-9-III (Wash. Ct. App. Feb. 11, 2010)

    The prosecution also argues that Mr. Walker should not benefit from repeatedly shirking the authority of the trial court. While we agree that Mr. Walker's repeated disappearances perhaps could toll some time periods as in State v. Clarke, 86 Wn. App. 447, 936 P.2d 1215 (defendant's pretrial flight tolled ten year limitation of ER 609(b)), review denied, 133 Wn.2d 1018 (1997), we do not agree that jurisdictional limits can be tolled in such a manner. That would particularly be the case, as here, where the disregard for the court's authority occurred on a different charge (drug possession) than that on which tolling is sought (bail jumping).

  2. State v. Walker

    153 Wn. App. 701 (Wash. Ct. App. 2009)   Cited 16 times
    In State v. Walker, 153 Wn.App. 701, 708, 224 P.3d 814 (2009), the record was incomplete because neither party had the opportunity to present evidence at the superior court about whether the statute of limitations had run.

    The prosecution also argues that Mr. Walker should not benefit from repeatedly shirking the authority of the trial court. While we agree that Mr. Walker's repeated disappearances perhaps could toll some time periods as in State v. Clarke, 86 Wn. App. 447, 936 P.2d 1215 (defendant's pretrial flight tolled 10 year limitation of ER 609(b)), review denied, 133 Wn.2d 1018 (1997), we do not agree that jurisdictional limits can be tolled in such a manner. That would particularly be the case, as here, where the disregard for the court's authority occurred on a different charge (drug possession) than that on which tolling is sought (bail jumping).