8 results for 'judge:"Pennell"'.
J. Pennell finds that the lower court properly upheld a bench warrant against a minor for complying with the terms of her supervision following an assault conviction. While the warrant did conflict with a related state statute, it was proper under the terms of the Juvenile Justice Act, which legal precedent says take priority. Affirmed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: March 28, 2024, Case #: 39113-2-III, Categories: Juvenile Law, Assault
J. Pennell finds that the lower court properly ordered out-of-home placement for a minor due to concerns over the child's safety. While it is true that the Department of Children, Youth and Families did not properly engage with the father or show active efforts to prevent the breakup of the family, the lower court's ultimate conclusion was correct that placing the child back with the father could potentially put the child in jeopardy due to the father's untreated mental illness. Affirmed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: January 25, 2024, Case #: 39603-7-III, Categories: Family Law
J. Pennell finds that the lower court properly ruled against a homeless organization that sought to challenge a Spokane ballot initiative that expands on a camping ban at certain locations around the city. The organization claims the initiative conflicts with state law and falls outside local initiative powers, but those claims do not pass legal muster. The state law they claim it conflicts with is not centered around homelessness regulations, but is instead mostly concerned with data and performance metrics. The initiative in question also falls well within the definition of an exercise of police powers, making it appropriate for the ballot. Affirmed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: December 7, 2023, Case #: 39924-9-III, Categories: Civil Rights, Elections, Municipal Law
J. Pennell finds that the lower court improperly convicted defendant of murder based on the robbery of a safe. Defendant was also convicted of the robbery of a ring, but that conviction was ruled separate from the murder conviction so as not to violate double jeopardy. While there was sufficient evidence of the ring robbery, there was insufficient evidence as to the robbery of the safe. Therefore, "insufficient evidence supports a jury verdict for felony murder predicated on robbery of the safe." Vacated.
Court: Washington Supreme Court, Judge: Pennell, Filed On: November 9, 2023, Case #: 101068-1, Categories: Murder, Robbery
J. Pennell finds that the lower court improperly denied a motion for an order for limited dissemination in a landlord and tenant dispute. The lower court denied the request without determining all of the proper good cause factors and appears to have denied it on improper standards. New proceedings to determine the merits of the request are necessary. Reversed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: September 21, 2023, Case #: 39089-6-III, Categories: Landlord Tenant
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J. Pennell finds that the lower court improperly tossed claims from an individual who sued an operator of a residential reentry center after he was released from prison. The suit stems from the operator allegedly misrepresenting his anticipated job duties when the individual was requesting approval for a job and took his phone in such a way that caused him to lose his job and return to a detention facility. The lower court tossed his suit on the basis that detention decisions rest in the hands of the Federal Bureau of Prisons, and while that is true, it does not shield the operator from liability if they engaged in unlawful conduct that resulted in the individual being returned to detention. Reversed and remanded.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: August 1, 2023, Case #: 39201-5-III, Categories: Civil Procedure
J. Pennell finds that the lower court improperly ruled in a custody and dependency dispute over a minor. The lower court filed a dependency order that called for the continued out-of-home placement of the child, but the lower court has not carried out full and proper "active efforts" to prevent the breakup of the family. The matter is remanded to the lower court to either return the child to the mother, or to show definitively that returning the child to the mother would place the child in danger. Reversed and remanded.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: July 11, 2023, Case #: 39156-6-III, Categories: Family Law