9 results for 'judge:"Maxa"'.
J. Maxa finds that the lower court improperly issued summary judgment in favor of Industrial Scientific Corporation (ISC) in a lawsuit brought by an independent contractor who suffered respiratory injuries after being exposed to chlorine dioxide at a paper mill. While summary judgment was properly issued to the owner of the mill for not having a special duty of care towards the contractor, the same cannot be said for ISC. It had safety monitors that failed to go off after the contractor was exposed to the dangerous levels of chlorine dioxide, and as a result, claims can continue against it under the product liability theory. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: April 9, 2024, Case #: 58137-0-II, Categories: Negligence, Product Liability
J. Maxa finds that the lower court improperly issued an order that found defendant had violated the terms of his community custody. The violation stemmed from an incident where he reportedly threatened to stab his roommate, leading to a felony conviction for death threats and harassment that was later vacated due to insufficient evidence. The lower court found this incident still violated his community custody, but the relevant statute states that a violation cannot be based on hearsay evidence alone and this finding was too largely based on hearsay evidence. Reversed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: April 2, 2024, Case #: 57552-3-II, Categories: Criminal Procedure, Probation
J. Maxa finds that the lower court improperly convicted defendant of rape. Defendant moved to dismiss the case against him when audio recordings revealed state actors recorded conversations with his attorney and opened his legal mail, and the state did not prove that these wrongs didn't inject prejudice against him during trial proceedings. Further proceedings are called for to determine if his charges should be tossed or if a new trial could take place. Reversed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: January 23, 2024, Case #: 56814-4-II, Categories: Fair Trial, Sex Offender
J. Maxa finds that the lower court improperly sentenced defendant on a DUI conviction. The lower court imposed an exceptional sentence against defendant, finding that the standard range sentence would be too lenient given his offender score. But such a determination of leniency needs to be determined by a jury, not the trial court. Reversed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: January 17, 2024, Case #: 58050-1-II, Categories: Sentencing, Dui
J. Maxa finds that the lower court improperly issued a writ of restitution in favor of a subsidized housing facility that gave the facility possession of a tenant's apartment after it claimed he breached his lease. In order for such an order to comply with the CARES Act, the landlord has to give the tenant 30 days to vacate the property. The landlord here gave the tenant four different 10-notices and therefore did not fully comply with the language of the CARES Act. Reversed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: January 9, 2024, Case #: 58118-3-II, Categories: Landlord Tenant, Property
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J. Maxa finds that the lower court properly denied a certificate of need to perform
elective percutaneous coronary interventions. The health care facility that brought the petition attempted to introduce data from outside the Department of Health to show their need for such a certificate, but the lower court properly found in denying the application that the department was not required by law to consider the additional data. The data from the department already serves as an exhaustive list, and the outside data was properly dismissed as a result. Affirmed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: October 17, 2023, Case #: 57403-9-II, Categories: Evidence, Health Care
J. Maxa finds that the lower court properly sentenced defendant following his manslaughter and robbery convictions. Defendant claims the lower court did not consider his youth when sentencing him, but the record shows the court considered all of the statements and testimony from the proceedings and weighed all the factors properly before passing the sentence. The sentence also fell within the standard range, so there is no relief that can be given. Affirmed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: July 11, 2023, Case #: 57572-8-II, Categories: Robbery, Sentencing, Manslaughter
J. Maxa remands a sentencing dispute regarding defendant's claims that he was improperly sentenced for his murder conviction. Defendant claims that the lower court did not consider his youth during resentencing, which the lower court was not legally required to consider. The matter is remanded, however, to strike a DNA collection fee and community custody supervision fees that were a part of the sentence. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: June 13, 2023, Case #: 56984-1-II, Categories: Murder, Sentencing
J. Maxa finds that the Board of Industrial Insurance Appeals properly found that an online platform for pet service providers does not have to pay industrial insurance
premiums. Pet service providers do not fall under the relevant legal definition of "workers" because they were not working under an independent contract. Affirmed.
Court: Washington Court Of Appeals, Judge: Maxa, Filed On: June 6, 2023, Case #: 56929-9-II, Categories: Employment, Insurance