7 results for 'judge:"Hazelrigg"'.
J. Hazelrigg finds that the lower court properly sentenced defendant for murder. Defendant claims that during sentencing, the judge did not fully consider his intellectual disability as a factor for his sentencing range, but evidence on the record shows the lower court did in fact take that factor into account before passing the sentence. The matter is remanded, however, to strike legal financial obligations imposed against him. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: May 13, 2024, Case #: 84570-5-I, Categories: Murder, Sentencing
J. Hazelrigg finds that the lower court properly revised an order that found a construction company owed $228,000 to a court-appointed receiver under a receivership statute. The revisions made by the lower court were not an abuse of discretion and furthered the general goals of the receivership statute, which in this case is to fairly distribute estate property to creditors. Affirmed.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: March 25, 2024, Case #: 85105-5-I, Categories: Civil Procedure, Construction
J. Hazelrigg finds that the lower court properly issued a violation notice against a brewing company for not complying with a mask mandate in 2020. The company claims that the Washington State Liquor and Cannabis Board did not have the authority to issue the violation notice, but the board was within its right to issue the notice given that not complying with the then-statewide mandate posed a "threat to public safety" under the law.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: January 3, 2024, Case #: 84927-1-I, Categories: Licensing, Agency, Covid-19
J. Hazelrigg finds that the lower court properly issued two turnover orders against a construction company in a receivership dispute. The construction company repeatedly refused to follow court orders regarding the receivership status and their efforts to seemingly "circumvent the receivership statute" are without merit. Affirmed.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: December 4, 2023, Case #: 84320-6-I, Categories: Civil Procedure
J. Hazelrigg finds that the lower court improperly tossed a suit against a series of Washington state officials and departments after a public utility district employee was badly wounded when a tree fell on his vehicle. The lower court granted immunity to the officials without first determining if the negligence claims can survive based on a special duty to the employee. Reversed.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: September 6, 2023, Case #: 84166-1-I, Categories: Immunity, Negligence
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J. Hazelrigg finds that the Board of Appeals improperly issued an order finding that a nurse financially exploited a vulnerable adult after the daughter accused the nurse of stealing some of her elderly mother's pain medication. A hearing that followed the allegations was mostly centered around the credibility of the nurse and the daughter, and led to an administrative law judge finding in the nurse's favor. The Board of Appeals' decision to reverse that decision was improper, as it did not give due regard to the administrative law judge's ability to observe witnesses. Reversed.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: August 29, 2023, Case #: 84709-1-I, Categories: Civil Procedure, Elder Abuse
J. Hazelrigg finds that the lower court properly ordered a new trial after a jury found defendant guilty of manslaughter. The new trial was ordered as a result of prosecutorial misconduct during trial based on a prosecutor’s comments in cross-examination. It's widely agreed that trial courts have a high degree of deference and discretion in ordering a new trial based on the findings of the presiding judge that prejudice was injected into their trial. There is nothing that shows the judge went beyond that broad level of discretion. Affirmed.
Court: Washington Court Of Appeals, Judge: Hazelrigg, Filed On: May 15, 2023, Case #: 83797-4-I, Categories: Fair Trial, Prosecutorial Misconduct, Manslaughter