11 results for 'judge:"Glasgow"'.
J. Glasgow finds that the lower court improperly granted summary judgment to a series of commercial businesses in an easement dispute. A doctor sued the businesses in an attempt to secure an easement for a property the doctor was looking to develop, claims that the businesses prevailed on during summary judgment because they argued the doctor knew how hard the property was going to be to develop due to it being landlocked. But summary judgment was issued prematurely. The doctor produced expert testimony that said it was still feasible to develop on the property and that an easement was needed to access the property for those purposes. Reversed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: April 30, 2024, Case #: 57873-5-II, Categories: Property
J. Glasgow finds that the lower court properly denied a petition from two former owners of adult family homes after they were placed on a vulnerable adult abuse registry list when they were found to have neglected a vulnerable adult. The two former owners moved to have their names struck from the registry, but under state law, nursing assistants with a single finding of neglect that took place outside of a nursing facility are not eligible for removal. Legal precedent has upheld these restrictions, and there is nothing on the record to suggest they were improperly applied in this case. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: March 12, 2024, Case #: 58113-2-II, Categories: Civil Procedure, Health Care
J. Glasgow finds that the lower court properly ruled in favor of King County in a dispute with a company that was fined $100 for improperly disposing of its waste at a non-designated facility. The company says the code is unlawful and restricts on its right to freely dispose of its property. The code, however, is a reasonable extension of the county's right to regulate its sanitation, a right granted to local governments in Washington by their state constitution. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: February 13, 2024, Case #: 57452-7-II, Categories: Environment, Municipal Law
J. Glasgow finds that the lower court properly sentenced defendant for child molestation. Defendant claims that his offender score was too high and that the lower court improperly imposed an exceptional sentence against him. While the lower court admits his offender score could have been miscalculated, the fact that he used "his position of trust" to facilitate his crimes, means his sentence would have been just as exceptional regardless of his offender score. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: January 17, 2024, Case #: 57221-4-II, Categories: Sentencing, Sex Offender, Child Victims
J. Glasgow finds that the lower court properly terminated defendant's participation in a drug program after he was charged with trafficking in stolen property. Defendant claims that the lower court did not have enough evidence to remove him from the program, but the record shows a pattern of poor behavior that supported the move. Defendant was stagnated in a program for 40 months that typically only takes two years, filled a prescription without permission from the drug court team, and behaved disrespectfully on social media when he was told he had to attend a mandatory holiday party. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: December 12, 2023, Case #: 57240-1-II, Categories: Drug Offender
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J. Glasgow finds that the lower court properly denied a certificate to a care center looking to apply to fulfill additional hospice services in the state. In order to gain the certificate, the center needed to establish financial feasibility. The lower court properly concluded that the center's metrics for measuring the average length of stay for its patients rendered its financial feasibility analysis unreliable. The matter is nonetheless remanded to give the center a chance to supplement its application. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: November 22, 2023, Case #: 57759-3-II, Categories: Health Care
J. Glasgow finds that the lower court properly convicted but improperly sentenced defendant for violating a local statute that makes it unlawful to leave a dangerous dog outside unattended and unleashed. Defendant was convicted for violating the ordinance after her dog was left unsecured at home, but was given a chance to suspend her sentence if the dog was turned over to animal control the next day. That condition on the suspension of the sentence is not supported by any language or requirements under the law, so the sentence was unlawful. Reversed in part.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: November 7, 2023, Case #: 56949-3-II, Categories: Criminal Procedure, Sentencing
J. Glasgow finds the lower court improperly conducted a hearing regarding de facto parentage of a child. While the mother presented testimony and the petitioner cross-examined her, she was not permitted to cross-examine the petitioner after his testimony. The matter is remanded for further proceedings. Reversed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: October 10, 2023, Case #: 57171-4-II, Categories: Family Law
J. Glasgow finds that the lower court properly convicted defendant of murder. Defendant claims that allowing evidence that linked his DNA to the crime scene using DNA information in a community DNA database violated his privacy rights. But there is no privacy interest under the law regarding DNA that a relative voluntarily uploaded to a public database. Law enforcement have open access to that database as well, so there is no privacy dispute at play. Affirmed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: August 22, 2023, Case #: 56801-2-II, Categories: Dna, Murder
J. Glasgow finds that the lower court improperly dismissed wrongful termination claims from a worker who was fired for allegedly giving false testimony during a deposition regarding an underlying suit against an equipment manufacturer. While the lower court properly tossed his retaliation claims, the worker has put forward sworn testimony and evidence that his statements during his deposition were given truthfully. His information may have been incorrect, but it's not clear that he was intentionally lying. Reversed in part.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: June 21, 2023, Case #: 56466-1-II, Categories: Employment, Employment Retaliation
J. Glasgow finds that the lower court improperly denied defendant's motion to suppress evidence regarding his drug charges. The officer had permission to search the car defendant was in, but that permission did not extend to the backpacks, where the evidence at issue was found. Reversed.
Court: Washington Court Of Appeals, Judge: Glasgow, Filed On: May 31, 2023, Case #: 56861-6-II, Categories: Drug Offender, Search