7 results for 'judge:"Veljacic"'.
J. Veljacic finds that the lower court properly convicted defendant of burglary. Defendant claims that the prosecutor committed misconduct by misstating the burden of proof during closing arguments. While the prosecutor's statements were improper, defendant waived the right to appeal that claim because she did not object to it during trial. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: April 30, 2024, Case #: 57910-3-II, Categories: Burglary, Prosecutorial Misconduct
J. Veljacic finds that the lower court properly upheld a decision from Washington State's Department of Labor and Industries to implement a new "Interpreting Works Scheduling" system. The department was working under an "explicit directive" from the state legislature to implement a new system since 2018, and the department gave all the proper notice that a system change was incoming. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: April 16, 2024, Case #: 58071-3-II, Categories: Administrative Law, Labor
J. Veljacic finds that the lower court improperly granted summary judgment in favor of a homeowners association after a household sued them when they were forced by the HOA to remove a political sign in their yard. They were forced to remove the sign just prior to a primary election, and the local laws governing political signs "unambiguously disallows" an HOA from prohibiting yard signs before an election. Reversed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: April 9, 2024, Case #: 57740-2-II, Categories: Civil Rights, Elections
J. Veljacic finds that the lower court improperly convicted defendant of violating a court order regarding domestic violence. During the trial, the state did not properly represent the knowledge requirement to the jury needed to convict for that violation, unfairly lifting the burden of proof from the state. A new trial is needed as a result. Reversed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: March 19, 2024, Case #: 57354-7-II, Categories: Domestic Violence
J. Veljacic finds that the lower court properly found that defendant is a "sexually violent predator." There was enough evidence on the record to support the findings that he fell under this definition, including evidence that he committed a "recent overt act." The lower court did improperly exclude certain evidence during proceedings as hearsay, but the error was harmless and did not influence the outcome of the findings. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: November 22, 2023, Case #: 56944-2-II, Categories: Evidence, Sex Offender
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J. Veljacic finds that the lower court properly ordered a new trial in a sexual assault dispute brought by a former patient of a child treatment center who alleges she was abused by a counselor. The move for a new trial came after it was revealed that one of the jurors had not released important information regarding their legal history during voir dire. Because the information related directly to the case and child protective service issues, it was a lack of transparency that well supported a new trial. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: September 19, 2023, Case #: 53826-1-II, Categories: Civil Rights, Jury, Negligence
J. Veljacic finds that the lower court properly denied a doctor's request for summary judgment to toss a medical malpractice suit. The doctor says the suit is time barred, but a mediation letter sent by the former patient bringing the suit properly tolled the statute of limitations period for one year. This allowed the complaint to be filed in a timely manner. Affirmed.
Court: Washington Court Of Appeals, Judge: Veljacic, Filed On: May 9, 2023, Case #: 56697-4-II, Categories: Civil Procedure, Medical Malpractice