8 results for 'judge:"Gordon McCloud"'.
J. Gordon McCloud finds that the lower court improperly found that breath alcohol tests performed in Kitsap County and done on Dräger Alcotest 9510 machines violated local state statutes and could not be used for evidence. The lower court is correct that under Washington law, a state toxicologist must approve the methods and math behind test result calculations and the Dräger Alcotest machines do not calculate the math correctly under the statue. However, the machines do not need to do the math alone, as the state is still allowed to do the math according to the law, and there is nothing under the law that states the breath machines have to do that math. As long as the calculations were done correctly by the state, results from the breath tests can still be used as evidence. Reversed.
Court: Washington Supreme Court, Judge: Gordon McCloud , Filed On: April 4, 2024, Case #: 101171-7, Categories: Evidence, Dui
J. Gordon McCloud finds that the lower court improperly tossed a 2018 Washington statute that sought to change the method for how the state calculates the wage for workers who worked on a public state project like a new bridge or road. The lower court tossed the new method on the grounds that it conflicted with an older statutory rule that stated the wage data collected could only be used in the county where that work was done. But a full reading of the statutes' exact wording show they do not conflict with each other. The older statute only covers data collection methods, while the new statute covers how wage data from collective bargaining agreements is used to pay public project workers. They apply to two different situations covering a broad and complicated overarching issue, and therefore do not cancel each other out. Reversed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: March 14, 2024, Case #: 101997-1, Categories: Employment, Labor
J. Gordon McCloud finds that the lower court improperly reversed defendant's convictions for criminal solicitation after she told her son he could be with her forever if he poisoned his father. The lower court reversed her convictions on the grounds that her offer to have the child be with her "forever" did not constitute a thing of value that must be offered for a criminal solicitation charge to stick. However, a thing of a value can encompass things outside of traditional economic importance, and her offer satisfies that broader definition. Reversed.
Court: Washington Supreme Court, Judge: Gordon McCloud , Filed On: September 28, 2023, Case #: 101442-2, Categories: Criminal Procedure
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. 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
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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. 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. 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