51 results for 'court:"Washington Supreme Court"'.
J. Gordon McCloud finds that the lower court properly sentenced defendant on attempted rape and burglary charges. Defendant was sentenced under the state's "three strikes" law stemming from two prior convictions defendant had earlier in life, one of which took place when he was a minor. Defendant claims the strike incurred when he was a minor should not count towards his current sentence, but under the law his sentence is based on his adult conduct, even if his priors contribute towards it. There is nothing unlawful about his sentence as a result. Affirmed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: September 21, 2023, Case #: 100873-2, Categories: Burglary, Sentencing, Sex Offender
J. Johnson finds that the lower court properly ruled against a Washington state statute that sought to require sheriffs of certain counties to get permission from the county commissioners board before being allowed to deploy tear gas during a riot. The decision to deploy tear gas during a riot falls squarely under the authority of the sheriff's office, as it their right to decide what level of force is needed to carry out their responsibilities. The new statute attempted to transfer that authority without good cause or sound legal footing, and the statute, therefore, was an unlawful interference with the sheriffs of the state. Affirmed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: September 14, 2023, Case #: 101375-2 , Categories: Civil Rights, Government
J. Owens finds that the lower court properly denied a protective order requested by a bank regarding an underlying employment and fraud dispute. Those bringing the suit sought to depose three executives with the bank, and the bank moved for a protective order against the depositions. The lower court, however, rightfully denied the request. The bank's arguments that the "apex doctrine" shielded them are without merit, as it is not a doctrine that has been adopted by a single court in the entire state. It also unfairly shifts the burden of proof during discovery proceedings and undermines court access rights. Affirmed.
Court: Washington Supreme Court, Judge: Owens, Filed On: September 14, 2023, Case #: 100717-5, Categories: Employment, Fraud, Discovery
J. Gordon McCloud finds that the lower court properly dismissed a suit from a school district that alleged the state did not provide it with enough funding to take care of the district's facilities and infrastructure. The district asked the state to pay the costs of rebuilding the district's elementary, middle and high schools, which would be roughly $50 million in construction costs. Under state law, construction costs are treated differently then other education-related expenses and local districts are given flexibility to raise funds for those costs themselves. The state, as a result, is not legally required to fully fund those needs. Affirmed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: September 7, 2023, Case #: 101052-4, Categories: Education
J. Johnson finds that the lower appeals court improperly reversed the trial court's sentence for defendant's assault and attempted rape convictions. The sentence was reversed on the grounds of "same criminal conduct" in a case, in which more than one crime was committed at the same time, with the same intent, against the same victim. The trial court, however, was correct in finding that the conduct was too different under the law. During the trial, distinctly different charges were brought with distinct evidence to back up each charge. The state legislature also clearly intended that the intent behind attempted rape and assault were proved differently in court. Reversed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: September 7, 2023, Case #: 100570-9, Categories: Sentencing, Sex Offender, Assault
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J. Madsen finds that the lower court improperly ruled in favor of the state on wrongful death claims stemming from the suicide of a victim who was sexually abused as a child by his guardian. The Department of Children, Youth, and Families removed the child from that house, but his abuser continued to visit the child at his foster home. After his death, his estate alleged that the state should be held responsible for the abuse. The lower court dismissed the claims on the grounds that they were time-barred and that the statute of limitations begins "when a victim recognizes the causal connection between the intentional abuse and their injuries." But there is no evidence that the victim made that connection until the fall of 2017, and his estate filed its claims in March of 2020. This puts the claims squarely within the limitations period. Reversed.
Court: Washington Supreme Court, Judge: Madsen, Filed On: September 7, 2023, Case #: 101477-5, Categories: Wrongful Death
J. Gordon McCloud finds that the lower court improperly granted fees to a real estate company following a quiet title dispute in which one of their properties was improperly foreclosed. While it is clear that the real estate company is the prevailing party on the claims, the lower court granted attorney fees to the company on a theory that was not only raised incorrectly sua sponte, but was also based on a theory that this court had already rejected. Reversed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: August 31, 2023, Case #: 101149-1, Categories: Real Estate, Attorney Fees
J. Madsen remands a lawsuit back to the lower court regarding a public records dispute in which a nonprofit requested the identities and workplace contact information for public employees. The employees and their unions claimed this would pose a risk to their personal security, and the lower court sided with the union. However, while the case was taking place, the state legislature passed a new law that exempts the requested information from public records requests. So while the lower court properly found that the unions had standing to bring claims for their employees, the matter can now be resolved on a non-constitutional basis and the matter is remanded to apply the new exemption. Affirmed in part.
Court: Washington Supreme Court, Judge: Madsen, Filed On: August 24, 2023, Case #: 101093-1 , Categories: Public Record
J. Johnson answers a certified question in the negative regarding a dispute between an animal rights group and a private zoo in which the animal rights group alleged that the zoo violated state wildlife and animal cruelty laws, and thus created a public nuisance. The question before the court is if a violation of state wildlife laws can establish a claim for public nuisance. The answer here is no, because the state legislature has not made it clear that such violations fall under public nuisance laws. To say otherwise would be to expand the scope of nuisance laws beyond what is put forward by the state legislature.
Court: Washington Supreme Court, Judge: Johnson, Filed On: August 17, 2023, Case #: 101264-1, Categories: Civil Procedure, Animal Cruelty
J. Montoya-Lewis finds that the lower court properly in part applied community custody conditions against defendant, who is serving a life sentence in community custody for child molestation. While the conditions against sexual materials and dating are not vague and hold up to scrutiny, the sentencing review board imposed a marijuana condition that is not related to defendant's conduct and was an overstep of the board's authority. Affirmed in part.
Court: Washington Supreme Court, Judge: Montoya-Lewis, Filed On: August 10, 2023, Case #: 100753-1 , Categories: Sentencing, Sex Offender
J. Stephens finds that the lower court properly convicted defendant of domestic violence. Defendant's main issue on appeal is the diversity of his jury, with defendant going so far as to ask the court to adopt a new test under the law in which a defendant can show evidence of a constitutional violation by showing a "comparative disparity level of 20% or more in a single jury venire." While it's noted that jury diversity is surely lacking in Washington state and that more can be done on the issue, defendant has not shown in this case that the state constitution requires this new proposed test. Under the current framework, the lower court fulfilled its "constitutional minimums" during jury selection. Affirmed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: August 3, 2023, Case #: 100922-4, Categories: Jury, Domestic Violence
J. Owens finds that the lower appeals court improperly reversed a trial court order that found in favor of a utility district after it was sued by homeowners for trespass and inverse condemnation regarding a nearby dam. The dam was built in the mid 1950s and the homeowners bringing the suit did not purchase their property in question until 1993, leaving the subsequent purchaser rule to bar their claims. With a few exceptions, only a property owner who functioned as such during the time of the taking can file an inverse condemnation claim, and with nearly four decades between the initial dam construction and when the current homeowners bought the nearby property, they cannot show they are the rightful plaintiffs to bring the claims. Reversed and remanded.
Court: Washington Supreme Court, Judge: Owens, Filed On: August 3, 2023, Case #: 101241-1, Categories: Property
J. Gonzalez finds that the lower court improperly allowed involuntary treatment petitions to be filed against two individuals held at a hospital and continued to be held well after the commitment orders had expired. While a third individual in this case was held under a valid court order, the state "totally disregarded" the rights of two others under the Involuntary Treatment Act when it simply began new involuntary treatment proceedings when it realized the older court orders expired. Filing new involuntary treatment proceedings while someone is already being held without authority is blatantly unacceptable under the law, and so those petitions are remanded for dismissal. Reversed in part.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: July 27, 2023, Case #: 100668-3, Categories: Commitment, Due Process
J. Whitener finds that the lower court improperly refused to dismiss an involuntary treatment petition against an individual. The individual was held after the involuntary 72-hour hold had expired, despite the individual asking to leave. The state instead evaluated him for a new 72-hour hold the day after the expiration and filed for a 14-day commitment order. That petition was granted, but the matter should have been dismissed because even being kept overnight after a hold order has expired is a violation of the Involuntary Treatment Act. Reversed.
Court: Washington Supreme Court, Judge: Whitener, Filed On: July 27, 2023, Case #: 100716-7, Categories: Commitment, Due Process
J. Yu finds that the lower court properly awarded an equitable fee award in an underlying foreclosure dispute. The prevailing party won their case based on the legal idea, outlined in another bankruptcy ruling ordered by this court the same day, that a bankruptcy does not have to trigger the statute of limitations on a deed of trust. As a result, the deed of trust in question in the foreclosure proceedings was timely commenced and the award was proper. Affirmed.
Court: Washington Supreme Court, Judge: Yu, Filed On: July 20, 2023, Case #: 100918-6 , Categories: Bankruptcy, Attorney Fees
J. Gordon McCloud finds that the lower court properly ruled in a question over whether a bankruptcy triggers the statute of limitations in regard to the enforcement of a deed of trust. A bankruptcy discharge does not have to mean that a deed of trust has been altered and if the terms remain the same, such as unchanged payment schedules and maturity dates, a bankruptcy does not trigger the statute of limitations to enforce a deed. Affirmed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: July 20, 2023, Case #: 100728-1 , Categories: Bankruptcy
J. Fearing finds that the lower court improperly resentenced defendant on possession of a stolen vehicle and witness tampering convictions. The lower court did not properly consider defendant's rehabilitation during resentecning, so the matter is remanded for further proceedings to see if there is enough evidence of rehabilitation that should be considered.
Court: Washington Supreme Court, Judge: Fearing, Filed On: July 18, 2023, Case #: 39125-6-III, Categories: Sentencing
J. Gordon McCloud finds that the lower court correctly interpreted the Washington Family Care Act in a dispute over whether that Act trumps a collective bargaining agreement. Alaska Airlines' agreement with the flight attendants requires them to schedule their vacation days in advance. The state labor department argues that the Washington Family Care Act, which allows employees to use earned time off to care for a sick family member, displaces the mandatory advance scheduling requirement found in the bargaining agreement. But there is nothing explicitly in that law the says this, and when read in full context, the law makes it clear that it preserves all the crucial, broad terms of the agreement and does not conflict with the scheduling requirement. Affirmed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: June 29, 2023, Case #: 100485-1, Categories: Employment, Labor / Unions
J. Yu finds that the lower court properly denied an individual, acting as an intervener in the case, his request to toss claims in an underlying dispute challenging the Washington voting rights act of 2018. The case has already been settled by both parties, and the individual moving for the dismissal was not active in the case after his motion was denied. His request is based on an incorrect reading of the statute at hand, and because the case has already been resolved, further review of the merits of the statute is unnecessary. Affirmed.
Court: Washington Supreme Court, Judge: Yu, Filed On: June 15, 2023, Case #: 100999-2, Categories: Civil Rights
J. Whitener finds that the lower court properly denied bail to two individuals charged with class A felonies. Because class A felonies are punishable by the possibility of life in prison, a judge has the authority to deny bail. Affirmed.
Court: Washington Supreme Court, Judge: Whitener, Filed On: June 8, 2023, Case #: 100552-1, Categories: Bail
J. Johnson finds that the lower court properly declined to suppress evidence in defendant's murder trial. An officer found a body in a trailer after conducting a community caretaking check, and the lower court found that the community caretaking exception excused the lack of warrant because the officer was concerned for a woman's safety after she did not arrive to an appointment. The officer could see the body in plain view due to the small size of the trailer, did not open any doors or search any spaces, and announced himself clearly before entering. Affirmed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: June 8, 2023, Case #: 101385-0, Categories: Evidence, Murder, Search