Washington Supreme Court Decisions 2011
Date: December 29, 2011
Docket Number: 83731-7
Justia Opinion Summary: The issue before the Supreme Court in this case involved the authority of the Department of Corrections (Department) to deduct funds from an inmate’s trust account. Defendant Chad Alan Pierce filed a personal restraint…
Date: December 29, 2011
Docket Number: 84580-8
Justia Opinion Summary: Respondent Robert Breitung was convicted of assaulting Ossie Cook and Richard Stevenson and of unlawfully possessing a firearm. Cook and Stevenson, both auto mechanics, took a client's truck for a test drive. During the…
Date: December 22, 2011
Docket Number: 84500-0
Justia Opinion Summary: In November 1998, Respondent David Moeller’s 1996 Honda Civic CRX was damaged in a collision. Respondent had an insurance policy through Farmers Insurance Company of Washington (Farmers). Farmers chose to repair…
Date: December 22, 2011
Docket Number: 84632-4
Justia Opinion Summary: Respondent and Cross-Appellant Easterday Ranches, Inc. sought to operate a large feedlot in Franklin County. At the suggestion of the Department of Ecology (Department), Easterday acquired water rights from a neighboring…
Date: December 22, 2011
Docket Number: 85112-3
Justia Opinion Summary: Jeffrey Almgren and Carol Schneider divorced in Nebraska and Schneider moved to Washington with the couple's two children. The decree of dissolution set child support to continue during each child's minority. In…
Date: December 15, 2011
Docket Number: 84831-9
Justia Opinion Summary: In 2007, five developers filed applications with the city of Yelm (City) for preliminary plat approval of proposed subdivisions. The only developer still party to this action, TTPH 3-8, LLC (Tahoma Terra), sought…
Date: December 15, 2011
Docket Number: 85177-8
Justia Opinion Summary: Petitioners Louise Lauer and Darrell de Tienne separately owned properties that border a lot owned by Mike and Shima Garrison. Through a Land Use Petition Act (LUPA) petition, Petitioners challenged a fish and wildlife…
Date: December 8, 2011
Docket Number: 85067-4
Justia Opinion Summary: The primary issue presented by this case was whether the State had jurisdiction over members of Indian tribes who sold unstamped cigarettes without a license at a store that located on trust allotment land outside the…
Date: December 1, 2011
Docket Number: 82557-2
Justia Opinion Summary: "R.P.H." appealed a superior court's denial of his petition to restore his right to possess firearms. In 2000, 13-year-old R.P.H. pled guilty to one count of first degree child rape for sexually assaulting his 11- and…
Date: December 1, 2011
Docket Number: 85437-8
Justia Opinion Summary: Petitioner Daniel Pannell pled guilty to incest and child molestation. His lengthy sentence was suspended pending satisfactory progress in sexual offender treatment, among other things. Petitioner failed to make…
Date: November 23, 2011
Docket Numbers: 84379-1, 62711-2 , 62613-2-i
Justia Opinion Summary: James R. Hardman and his mother Alice Hardman, certified professional guardians, are the court-appointed guardians of more than twenty Department of Social and Health Services (DSHS) clients residing at the Fircrest…
Date: November 17, 2011
Docket Number: 83544-6
Justia Opinion Summary: In 1995, Petitioner Jeffrey Coats pled guilty to conspiracy to commit murder, conspiracy to commit robbery, and robbery. He received a standard range sentence of 20 years. His judgment and sentence erroneously stated…
Date: November 10, 2011
Docket Number: 84152-7
Justia Opinion Summary: In 2006, Petitioner Robert Danforth went to the King County Sheriff’s Office, described his history of sex offenses, and made explicit descriptions of his plans to molest boys and have intercourse with a child. He…
Date: November 10, 2011
Docket Number: 86078-5
Justia Opinion Summary: Former Pierce County Superior Court Judge Petitioner Michael Hecht was convicted of felony harassment and of patronizing a prostitute. The trial court denied his motion for an order of indigency, and the Court of Appeals…
Date: November 3, 2011
Docket Number: 84204-3
Justia Opinion Summary: Petitioner Steven Beadle appealed his convictions for first degree child molestation. At a pretrial child hearsay hearing, the four-year-old alleged victim had a serious emotional breakdown and refused to testify. The…
Date: October 27, 2011
Docket Number: 83343-5
Justia Opinion Summary: Petitioner Helen Immelt sounded a car horn at length in front of a neighbor’s house in the early morning hours. She was arrested for violating a Snohomish County noise ordinance that included amongst its prohibited noise…
Date: October 27, 2011
Docket Number: 84044-0
Justia Opinion Summary: As part of the distribution of property following the dissolution of Kenneth Treiger and J’Amy Lyn Owens’ marriage, a home belonging to them (the Maplewood property) was sold, and, pursuant to a trust agreement, the…
Date: October 20, 2011
Docket Number: 82219-1
Justia Opinion Summary: Petitioner Gilberto Ibarra-Cisneros and his brother Adrian Ibarra-Raya, were separately prosecuted on drug charges in November 2006. Both moved unsuccessfully to suppress evidence discovered as a result of the…
Date: October 20, 2011
Docket Number: 84606-5
Justia Opinion Summary: The State appealed the reversal of Respondent Ernest Carter's sentence. The Court of Appeals applied the "actual innocence doctrine" to hear Respondent's untimely personal restraint petition (PRP) and held that…
Date: October 13, 2011
Docket Number: 84003-2
Justia Opinion Summary: Defendant Alberto Perez-Valdez challenged two evidentiary decisions made by a judge of the Walla Walla County Superior Court during a trial that resulted in his conviction for one count of second degree rape of a child…
Date: October 13, 2011
Docket Number: 84545-0
Justia Opinion Summary: Defendant John Franklin challenged the Court of Appeals decision affirming his convictions and sentences on assault and drug possession charges. The Supreme Court granted review only on the question of whether Defendant…
Date: October 13, 2011
Docket Number: 84712-6
Justia Opinion Summary: Linda Mohr suffered a trauma-induced stroke and became permanently disabled. She and her husband, Charles, claimed that negligent treatment by her health care providers caused Mrs. Mohr a loss of the chance of a better…
Date: October 6, 2011
Docket Number: 83444-0
Justia Opinion Summary: Defendant Chucco Robinson erroneously believed that his earlier juvenile convictions had washed out and no longer counted toward his offender score. Based upon this understanding and after extensive negotiations largely…
Date: October 6, 2011
Docket Number: 85657-5
Justia Opinion Summary: Defendant Jay McKague appealed his conviction for second degree assault, and the Court of Appeals affirmed in a split decision. Defendant shoplifted a can of smoked oysters from a convenience store. The owner followed…
Date: September 29, 2011
Docket Number: 84108-0
Justia Opinion Summary: The issue central to this case involved a Public Records Act (PRA) request and a definition of the scope of discovery allowed in PRA-provoked lawsuits, what constitutes an adequate search for requested records, and…
Date: September 29, 2011
Docket Number: 84108-0
Date: September 29, 2011
Docket Number: 84243-4
Justia Opinion Summary: A public school teacher or other certificated employee discharged by a school district may obtain review by a hearing officer and appeal an adverse decision of the hearing officer to superior court. But the legislature…
Date: September 15, 2011
Docket Number: 83284-6
Justia Opinion Summary: The primary issue presented in this case was whether former RCW 9.92.151 (2004) or the equal protection clause of the United States Constitution requires a county jail to provide opportunities for an inmate who is yet to…
Date: September 15, 2011
Docket Number: 83788-1
Justia Opinion Summary: Petitioner Demar Rhome argued on direct appeal to the Supreme Court that the state and federal constitutions require independent findings of fact that a defendant is competent to waive counsel and represent himself at…
Date: September 15, 2011
Docket Number: 84240-0
Justia Opinion Summary: Defendants John Gordon and Charles Bukovsky were each charged with second-degree murder in the beating death of Brian Lewis. The State also sought two aggravating sentencing factors: deliberate cruelty and particular…
Date: September 15, 2011
Docket Number: 84555-7
Justia Opinion Summary: RCW 60.04.091(2) requires mechanics' liens to be "acknowledged pursuant to chapter 64.08 RCW." In other words, an authorized person must certify in writing that the signor executed the lien freely and voluntarily. RCW…
Date: September 8, 2011
Docket Number: 82264-6
Justia Opinion Summary: The trial court in this case ruled that under the Washington courts' application of "Frye v. United States," there must be general acceptance in the relevant scientific community that a particular type of in utero toxic…
Date: September 8, 2011
Docket Number: 83960-3
Justia Opinion Summary: The issue central to this case involved a trial court's method of valuing stock options in a dissolution proceeding. After separating, Daniel and Teresa Farmer entered into a stipulated agreement dividing their community…
Date: September 1, 2011
Docket Number: 80653-5
Date: September 1, 2011
Docket Number: 80653-5
Justia Opinion Summary: The Supreme Court considered whether a tribal police officer who observed Defendant Loretta Lynn Eriksen commit a traffic infraction on the Lummi Reservation could validly stop her outside the reservation and detain her…
Date: September 1, 2011
Docket Number: 83124-6
Justia Opinion Summary: On certification from the U.S. District Court for the Eastern District of Washington, the Supreme Court considered whether the Washington Industrial Safety and Health Act of 1973 (WISHA), and Washington’s laws…
Date: September 1, 2011
Docket Number: 84483-6
Justia Opinion Summary: The attorney general of Washington made the State a plaintiff in a multistate lawsuit in federal court challenging the constitutionality of the health care reform legislation recently passed by Congress. The city of…
Date: September 1, 2011
Docket Number: 84704-5
Justia Opinion Summary: Commissioner of Public Lands Peter Goldmark sought a writ of mandamus to compel Attorney General Robert McKenna to pursue an appeal of a trial court decision in a condemnation action. Although Mr. McKenna provided…
Date: August 25, 2011
Docket Number: 83357-5
Justia Opinion Summary: A jury convicted Defendant Kenneth Thorgerson on four counts of child molestation. On appeal, he contended that his convictions should be reversed because of prosecutorial misconduct at trial. Upon careful review of the…
Date: August 25, 2011
Docket Number: 84048-2
Justia Opinion Summary: Ten special education students and their parents and guardians (Appellants) sued Clover Park School District for intentional torts, outrage, negligence and unlawful discrimination under state law. Clover Park moved for…
Date: August 25, 2011
Docket Number: 84207-8
Justia Opinion Summary: Flight Options, LLC challenged the constitutional and statutory authority of the Department of Revenue to assess apportioned property taxes against a fleet of airplanes it managed. Specifically, Flight Options argued…
Date: August 18, 2011
Docket Number: 82374-0
Date: August 18, 2011
Docket Number: 82374-0
Date: August 18, 2011
Docket Number: 82374-0
Justia Opinion Summary: Appellants Kim Koenig, Lawrence Koss and Althea Paulson sought review of two separate superior court orders that enjoined disclosure of investigative records compiled by the Cities of Puyallup and Mercer Island. The…
Date: August 18, 2011
Docket Number: 82842-3
Justia Opinion Summary: King County sought ways to provide legal defense services to indigent criminal defendants. The County settled on a system of using nonprofit corporations to provide services funded through and monitored by the County's…
Date: August 18, 2011
Docket Number: 83415-6
Justia Opinion Summary: Appellant William Brousseau was convicted of first degree rape and of child molestation. The court held a pretrial hearing to determine whether the alleged victim was competent to testify and whether her out-of-court…
Date: August 18, 2011
Docket Number: 84369-4
Justia Opinion Summary: Petitioners Jack and Delaphine Feil appealed the issuance of development permits for the construction of a pedestrian and bike trail by the Washington State Parks and Recreation Commission. "Rocky Reach Trail" was…
Date: August 18, 2011
Docket Number: 84675-8
Justia Opinion Summary: The issue on appeal to the Supreme Court was whether RCW 82.02.020, which generally prohibits local governmental bodies from imposing taxes or fees on development, applied to shoreline master programs (SMP) created…
Date: August 11, 2011
Docket Number: 84573-5
Justia Opinion Summary: Petitioner David Oppelt, Jr. was accused by his stepdaughter of sexually abuse. Police investigated, but Petitioner was not charged until six years after the alleged incident. Petitioner argued that his due process…
Date: August 4, 2011
Docket Number: 84695-2
Justia Opinion Summary: This case involved a property dispute that arose after the sale of a plot of residential land pursuant to a statutory warranty deed. Specifically, the issue on appeal centered on whether a grantor's duty to defend…
Date: July 28, 2011
Docket Number: 84187-0
Date: July 28, 2011
Docket Number: 84187-0
Date: July 28, 2011
Docket Number: 84187-0
Justia Opinion Summary: Petitioners Kittitas County and several other parties challenged two final decisions and orders of the Eastern Washington Growth Management Hearings Board (Board). The Board found several provisions of the County's…
Date: July 28, 2011
Docket Number: 84246-9
Justia Opinion Summary: Respondents Harold and Jane Elyea, owners of Frog Mountain Pet Care (Frog Mountain) applied to Jefferson County (County) for a conditional use permit and variance to expand their dog and cat boarding facility. Petitioner…
Date: July 28, 2011
Docket Number: 84907-2
Justia Opinion Summary: The City of Bothell charged Respondent James Barnhart with stalking within the portion of the City that falls within Snohomish County. The jury, which was composed of two King County and four Snohomish County jurors,…
Date: July 21, 2011
Docket Number: 84319-8
Justia Opinion Summary: At issue in this case was whether the removal of a person from the courtroom during trial was a "closure" in violation of the right to a public trial and whether such a "closure" could be considered too trivial as to…
Date: July 21, 2011
Docket Number: 84707-0
Justia Opinion Summary: Central to this case is the proper interpretation of a 2006 statute of limitations and statute of repose applicable to a claim for medical malpractice. Appellant Lisa Unruh filed suit against her orthodontist, Dr. Dino…
Date: July 21, 2011
Docket Number: 85361-4
Justia Opinion Summary: Petitioners Albert Ugas and Daniel Fishburn filed a recall petition against Respondent Pierce County Prosecutor Mark Lindquist, charging him with misfeasance and/or malfeasance and breach of his oath of office.…
Date: July 14, 2011
Docket Number: 81687-5
Justia Opinion Summary: The issue before the court came from the involuntary commitment of D.F.F. The trial judge closed her proceedings to the public as a matter of course under state law. D.F.F. challenged her commitment on appeal, arguing…
Date: July 14, 2011
Docket Number: 83645-1
Justia Opinion Summary: A reporter from the News Tribune newspaper sought access to the deposition of a material witness in a criminal trial. The deposition took place in a courtroom with the judge present. Without engaging in an inquiry into…
Date: July 7, 2011
Docket Number: 83728-7
Justia Opinion Summary: Washington law provides that the State's decision to revoke a home childcare license should be upheld if it is supported at an evidentiary hearing by a preponderance of the evidence. In a prior holding, the Supreme Court…
Date: June 30, 2011
Docket Number: 82491-6
Justia Opinion Summary: Defendant James Eserjose appealed his second-degree burglary conviction. In his appeal, Defendant argued that the confession he gave to a deputy sheriff was inadmissible at trial. The trial court determined that although…
Date: June 30, 2011
Docket Number: 83451-2
Justia Opinion Summary: Defendant Cliff Jones challenged the trial court's denial of credit toward his sentence of community custody for the time he spent incarcerated in excess of his amended sentence of incarceration. After affirming the…
Date: June 30, 2011
Docket Number: 83738-4
Justia Opinion Summary: Defendant Samuel Donaghe was convicted of second degree rape. In 1995, when Defendant’s incarceration was set to end, the State filed a petition to have Defendant committed as a “sexually violent predator” (SVP). In 2000…
Date: June 23, 2011
Docket Number: 83677-9
Justia Opinion Summary: In 2005, Petitioner Robert May violated a domestic violence protection order that prohibited him from contacting his ex-wife. As a result, Petitioner was convicted under a Seattle ordinance. On appeal, Petitioner…
Date: June 23, 2011
Docket Number: 83854-2
Justia Opinion Summary: In 1994, Respondent Sylvia Smith began to experience pain in her wrists and swelling in her arms. She was prescribed splints to wear while working for Petitioner Crown, Cork & Seal as a "bagger." In 1997, Respondent…
Date: June 23, 2011
Docket Number: 83981-6
Justia Opinion Summary: Petitioners Lisa Mullen and Kevin Dean were prosecuted for stealing funds from their employer, a Skagit County car dealership. At issue before the Supreme Court was the State's duty to disclose exculpating evidence to…
Date: June 16, 2011
Docket Numbers: 200, 570-5, 578-1, 674-4, 681-7, 701-5, 719-8, 720-1, 744-9, 748-1, 761-9, 811-9
Date: June 16, 2011
Docket Number: 82308-1
Justia Opinion Summary: Petitioner Robert Strandy was convicted of two counts of felony murder and aggravated first degree murder. For sentencing purposes, the trial court merged the murder and aggravated murder convictions, but it did not…
Date: June 16, 2011
Docket Number: 84296-5
Justia Opinion Summary: In 2007, the city council of Woodinville (City) unanimously denied two applications submitted by Respondent Phoenix Development, Inc. (Phoenix) to rezone a parcel of undeveloped property. The superior court dismissed…
Date: June 16, 2011
Docket Number: 84380-5
Justia Opinion Summary: Petitioner Stephen Eugster filed suit to challenge Washington's process of electing appellate court judges and the court's procedure of assigning cases to three-judge panels. He argued that the process violated the…
Date: June 9, 2011
Docket Number: 82029-5
Justia Opinion Summary: Appellant Richard Mutch appealed his sentence of 400 months' imprisonment on rape and kidnapping charges. After his life sentence was vacated several years after his conviction, the trial court imposed an "exceptional"…
Date: June 9, 2011
Docket Number: 82736-2
Justia Opinion Summary: A Seattle street performer's camera caught the shooting death of Franciso Green on tape. Police received several other eyewitness accounts of the shooting and arrested Petitioner Kevin Monday, Jr. in connection with the…
Date: June 9, 2011
Docket Number: 83024-0
Justia Opinion Summary: In this case the issue presented for the Supreme Court's review was whether a thirteen-year old was denied due process rights when she was not appointed counsel at a truancy hearing. Despite a district court's order to…
Date: June 9, 2011
Docket Number: 83743-1
Justia Opinion Summary: Petitioner and Washington resident Delbert Williams was employed by an Idaho employment agency. The agency regularly sent him to work for Pro-Set Erectors, an Idaho construction subcontractor. In 2007, Pro-Set was hired…
Date: June 9, 2011
Docket Number: 83768-6
Date: June 9, 2011
Docket Number: 84066-1
Justia Opinion Summary: Petitioner Jeremy Anderson was charged with first degree child molestation for alleged contact with a minor child. At trial, a nurse from the child's treating clinic testified to statements made by the child to her.…
Date: June 9, 2011
Docket Number: 85360-6
Justia Opinion Summary: In Fall 2010, former employees and representatives of the Town of Coulee filed a petition to recall Mayor Rick Heiberg. Of eleven charges, only two were found by the courts to be factually and legally sufficient to…
Date: May 26, 2011
Docket Number: 83516-1
Justia Opinion Summary: K.N.J. was born in 2005 to Marquesha Everett and Petitioner Michael Jenkins. K.N.J. suffered extreme abuse at the hands of her mother. After discovery of the abuse, K.N.J. was removed from her mother's care and placed in…
Date: May 26, 2011
Docket Number: 84168-3
Justia Opinion Summary: There was a catastrophic failure at the Spokane waste water treatment plant. One man was killed, and two others were severely injured. The survivors, including Respondent Larry Michaels, successfully sued Appellant CH2M…
Date: May 26, 2011
Docket Number: 84325-2
Justia Opinion Summary: Samantha A. is a 15-year-old with a wide range of medical maladies. Samantha is unable to perform a many activities necessary for independent living. The Department of Social and Health Services (DSHS) determined that…
Date: May 19, 2011
Docket Number: 83709-1
Justia Opinion Summary: Petitioner Timothy Martin appealed his conviction on kidnapping and robbery charges. His principal claim on appeal was that the State prosecutor violated his constitutional rights when, on cross-examination at trial, the…
Date: May 19, 2011
Docket Number: 84101-2
Justia Opinion Summary: Washington Imaging Services is a medical imaging company that retains Overlake Imaging Associates as an independent contractor. Overlake’s radiologists interpret the images that Washington Imaging generates. Washington…
Date: May 12, 2011
Docket Number: 83867-4
Justia Opinion Summary: Washington’s criminal rules authorize a trial judge to release a person before trial, subject to electronic home monitoring (EHM). If convicted of a felony, the defendant is entitled to have the days spent on pretrial…
Date: May 12, 2011
Docket Number: 83992-1
Justia Opinion Summary: Petitioner Michael Williams drove away from a car dealership without paying for new tires and wheels. An employee called the police, and officers tracked down Petitioner at his girlfriend’s home. Petitioner admitted that…
Date: May 12, 2011
Docket Number: 84855-6
Justia Opinion Summary: Washington residents who were consumers of allegedly illegal debt adjustment programs filed a class action lawsuit against Defendants Global Client Solutions, LLC (GCS) and Rocky Mountain Bank and Trust (RMBT).…
Date: May 12, 2011
Docket Number: 85460-2
Justia Opinion Summary: Robin Farris filed six charges against the Pierce County Assessor-Treasurer Dale Washam. Ms. Farris charged that Mr. Washam violated whistleblower protections, retaliated against his employees, grossly wasted public…
Date: May 5, 2011
Docket Number: 82568-8
Justia Opinion Summary: A jury found Petitioner Gale West to be a sexually violent predator, and the trial court ordered him to be civilly committed. The appellate court affirmed the lower court’s order. Petitioner appealed, seeking a new trial…
Date: May 5, 2011
Docket Number: 83611-6
Date: May 5, 2011
Docket Number: 83611-6
Date: May 5, 2011
Docket Number: 83611-6
Justia Opinion Summary: In 2006, Defendant Whatcom County (County) approved three land use applications for development in the Birch Bay urban growth area. Petitioner Whatcom County Fire District No. 21 (the Fire District) filed a Land Use…
Date: May 5, 2011
Docket Number: 83779-1
Justia Opinion Summary: Petitioner Jack Sims appealed only part of his sentence stemming from child molestation charges. As his defense against the charges, Petitioner argued that the contact he had with the victim was an isolated event, and…
Date: April 28, 2011
Docket Number: 83219-6
Justia Opinion Summary: Petitioner Raymond Martinez challenged his conviction for first degree burglary, contending that the State failed to prove beyond a reasonable doubt that he was armed with a deadly weapon within the meaning of the…
Date: April 28, 2011
Docket Number: 83742-2
Justia Opinion Summary: Petitioner Glen Nichols was charged with possession of cocaine with the intent to deliver, and with possession of less than 40 grams of marijuana. Following a denial of his motion to suppress the evidence seized from his…
Date: April 21, 2011
Docket Number: 83349-4
Justia Opinion Summary: Kemper Freeman and several other Washington taxpayers appealed directly to the Supreme Court to try to stop the governor and other state officials from "taking any action" on plans to convert high-occupancy lanes on…
Date: April 21, 2011
Docket Number: 83715-5
Justia Opinion Summary: Petitioner Maureen Blair was a long-haul trucker. In 2003, she slipped and fell on a gasoline spill at a truck stop operated by Respondent TA-Seattle East No. 176 (also known as Travelcenters of America). Petitioner and…
Date: February 3, 2011
Docket Numbers: 200, 570-5, 578-1, 674-4, 681-7, 701-5, 719-8, 720-1, 744-9, 748-1, 761-9, 811-9
Date: February 3, 2011
Docket Numbers: 200, 570-5, 578-1, 674-4, 681-7, 701-5, 719-8, 720-1, 744-9, 748-1, 761-9, 811-9
Date: January 13, 2011
Docket Numbers: 200, 570-5, 578-1, 674-4, 681-7, 701-5, 719-8, 720-1, 744-9, 748-1, 761-9, 811-9
Date: January 13, 2011
Docket Numbers: 200, 570-5, 578-1, 674-4, 681-7, 701-5, 719-8, 720-1, 744-9, 748-1, 761-9, 811-9
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