Washington Supreme Court Decisions 2016

Ralph v. Weyerhaeuser Co. (Majority and Concurrence)  
Date: December 29, 2016
Docket Numbers: 91711-6, 91725-6, 91726-4, 91727-2

Justia Opinion Summary: Multiple cases were consolidated cases in this opinion, all stemming from a 2007 flood of the Chehalis River in Lewis County. In its first review, the Washington Supreme Court considered the trial court's orders dismissi...

Snohomish County v. Pollution Control Hr'gs Bd. (Majority)  
Date: December 29, 2016
Docket Number: 92805-3

Justia Opinion Summary: The issue this case presented for the Washington Supreme Court's review centered on whether Washington's vested rights doctrine excused compliance with the requirements of a municipal storm water permit. The Washington S...

In re Disciplinary Proceeding Against Osborne (Majority and Concurrence)
Date: December 22, 2016
Docket Number: 201,435-6
Washington v. Baird (Majority, Concurrence and Dissent)  
Date: December 22, 2016
Docket Number: 90419-7

Justia Opinion Summary: In consolidated cases, the issue presented for the Washington Supreme Court’s review was whether the State could offer a driver's refusal to take a breath test under Washington's implied consent statute, RCW 46.20.308, a...

Volk v. DeMeerleer (Majority and Dissent)  
Date: December 22, 2016
Docket Number: 91387-1

Justia Opinion Summary: Jan DeMeerleer murdered Rebecca Schiering and her nine year old son Philip, and attempted to murder Schiering's older son, Brian Winkler. After the attack, DeMeerleer committed suicide. DeMeerleer had been an outpatient...

City of Snoqualmie v. King County Exec. Constantine (Majority and Concurrence)  
Date: December 22, 2016
Docket Number: 91534-2

Justia Opinion Summary: At issue in this case was whether a certain governmental charge imposed on Indian tribes was a tax. After the legislature amended a statute to expand the types of tribal property that were eligible for a property tax: ex...

Faciszewski v. Brown (Majority)  
Date: December 22, 2016
Docket Number: 92978-5

Justia Opinion Summary: Tenants Michael Brown and Jill Wahleithner received a notice of eviction from landlords Stephen Faciszewski and Virginia Klamon, invoking Seattle Municipal Code (SMC) 22.206.160(C)(1)(e). In accordance with that provisio...

In re Pers. Restraint of Caldellis (Majority)  
Date: December 15, 2016
Docket Number: 89585-6

Justia Opinion Summary: Noel Caldellis shot into a crowd of people outside a party, killing one. He was charged with first degree murder "[u]nder circumstances manifesting an extreme indifference to human life." The jury was given a "to-convict...

In re Det. of Black (Majority)  
Date: December 15, 2016
Docket Number: 92332-9

Justia Opinion Summary: Mark Black challenged his commitment as a sexually violent predator under chapter 71.09 RCW. He contended that his commitment had to be vacated because he was not present when some potential jurors were questioned indivi...

Washington ex rel. Banks v. Drummond (Majority)  
Date: December 15, 2016
Docket Number: 92749-9

Justia Opinion Summary: Island County's board of commissioners hired Susan Drummond and her law office to provide legal services. Providing legal services was among the duties of county prosecuting attorneys as combined civil and criminal count...

Worthington v. City of Bremerton (Majority)  
Date: December 15, 2016
Docket Number: 93173-9

Justia Opinion Summary: The City of Bremerton, Kitsap County, and other defendants filed a motion to dismiss a civil suit filed by pro se litigant John Worthington. He responded by filing a special motion to strike under the Washington Act Limi...

Washington v. Case (Majority, Concurrence and Dissent)  
Date: December 8, 2016
Docket Number: 92293-4

Justia Opinion Summary: Kevin Case was convicted of felony violation of a domestic violence no-contact order. Violating a no-contact order became a felony when an offender had at least two prior convictions for violating a no-contact order or s...

In re Pers. Restraint of Flippo (Majority)  
Date: December 8, 2016
Docket Number: 92616-6

Justia Opinion Summary: A jury convicted Earl Flippo of four counts of child molestation in 2008. Flippo timely appealed to the Court of Appeals, which upheld the verdict and sentence in 2010. The Court of Appeals dismissed Flippo's first perso...

Washington v. Murray (Majority)  
Date: December 8, 2016
Docket Numbers: 92930-1, 92944-1

Justia Opinion Summary: In decriminalizing recreational use of cannabis, a Washington State initiative set the legal concentration limit for the psychoactive compound in cannabis, tetracannabinol (or THC), in the bloodstream. The initiative als...

Avnet, Inc. v. Dep't of Revenue (Majority, Concurrence and Dissent)  
Date: November 23, 2016
Docket Number: 92080-0

Justia Opinion Summary: Avnet Inc. was a New York corporation, headquartered in Arizona, and a major distributor of electronic components and computer technology worldwide. Avnet sold products through its headquarters in Arizona and through its...

Fast v. Kennewick Pub. Hosp. Dist. (Majority and Concurrence)  
Date: November 17, 2016
Docket Number: 92216-1

Justia Opinion Summary: Jamie Fast sought medical care because of difficulty conceiving and menstrual bleeding, which had been heavier and more prolonged than normal. Upon first consulting with Dr. Adam Smith, she noted on her medical history f...

In re Paternity of M.H. (Majority)  
Date: November 10, 2016
Docket Number: 92620-4

Justia Opinion Summary: In this case, the issue presented for the Washington Supreme Court’s review centered on under which of the Uniform Interstate Family Support Act’s (UIFSA) choice of law rules Washington’s nonclaim statutes fell. Stephani...

Washington v. Albarran (Majority)  
Date: November 10, 2016
Docket Number: 92775-8

Justia Opinion Summary: A jury found Miguel Albarran guilty of several crimes, including second degree rape of a child and second degree rape, based on a single act. At sentencing, the parties and the trial court all agreed that the rape and ch...

Travelers Cas. & Sur. Co. v. Wash. Trust Bank (Majority)  
Date: November 3, 2016
Docket Number: 92483-0

Justia Opinion Summary: An employee of a nonprofit serving disabled adult clients used her position to embezzle more than half a million dollars held by the nonprofit for its clients. After the embezzlement was discovered, Travelers Casualty &...

In re Pers. Restraint of Swagerty (Majority and Dissent)  
Date: October 27, 2016
Docket Number: 91268-8

Justia Opinion Summary: Jerry Swagerty raped a child in 2004, but he was not identified until DNA tests were done in 2012. Swagerty was charged well within the relevant statutes of limitations with first degree rape of a child and first degree...

In re Adoption of T.A.W. (Majority and Dissent)  
Date: October 27, 2016
Docket Number: 92127-0

Justia Opinion Summary: In June 2013, C.B.(mother) married R.B. (stepfather). C.B. and R.B. filed a petition for termination of parental rights as to C.W. (biological father) and adoption later that month of T.A.W., C.B.'s biological child and...

Washington v. Slert (Majority and Dissent)  
Date: October 27, 2016
Docket Number: 92310-8

Justia Opinion Summary: Kenneth Slert was convicted three times of killing John Benson. His first two convictions were reversed on appeal. Potential jurors in his third trial were given an initial written questionnaire in an attempt to determin...

Washington v. Trey M. (Majority and Dissent)  
Date: October 27, 2016
Docket Number: 92593-3

Justia Opinion Summary: Juvenile defendant Trey M. challenged his three convictions for felony harassment under RCW 9A.46.020. The Court of Appeals certified the issue to the Washington Supreme Court of whether the United States Supreme Court's...

Newman v. Highland Sch. Dist. No. 203 (Majority and Dissent)  
Date: October 20, 2016
Docket Number: 90194-5

Justia Opinion Summary: Highland High School quarterback Matthew Newman suffered a permanent brain injury at a football game in 2009, one day after he allegedly sustained a head injury at football practice. Three years later, Newman and his par...

Finch v. Thurston County (Majority and Dissent)  
Date: October 13, 2016
Docket Number: 91761-2

Justia Opinion Summary: A police dog bit a police officer during a nighttime search for a burglary suspect in an abandoned building. Dog owners are usually strictly liable for dog bite damages. However, there is a statutory exception to strict...

Whatcom County v. W. Wash. Growth Mgmt. Hr'gs Bd. (Majority, Concurrence and Dissent)  
Date: October 6, 2016
Docket Number: 91475-3

Justia Opinion Summary: The Washington Supreme Court granted review of a challenge to the Western Washington Growth Management Hearings Board's decision on the validity of Whatcom County's comprehensive plan and zoning code under the state Grow...

Deggs v. Asbestos Corp. (Majority and Dissent)  
Date: October 6, 2016
Docket Number: 91969-1

Justia Opinion Summary: Ray Sandberg served in the United States Navy during World War II. Afterward, he worked for decades in dockyards and lumberyards. Throughout his work life, he had been exposed to asbestos. He contracted lymphoma, pleural...

In re Pers. Restraint of Colbert (Majority, Concurrence and Concurrence/Dissent)  
Date: September 29, 2016
Docket Number: 92421-0

Justia Opinion Summary: In this personal restraint petition (PRP), the petitioner Bobby Colbert challenged his 2005 conviction for second degree rape, arguing the Washington Supreme Court's decision in "Washington v. W.R.," (336 P.3d 1134 (2014...

Binschus v. Dep't of Corr. (Majority and Dissent)  
Date: September 22, 2016
Docket Number: 91644-6

Justia Opinion Summary: In "Taggert v. Washington," (822 P.2d 243 (1992)), the Washington Supreme Court held that the State could be held liable for crimes committed by parolees if those crimes resulted from the State's negligence in supervisin...

City of Richland v. Wakefield (Majority and Concurrence)  
Date: September 22, 2016
Docket Number: 92594-1

Justia Opinion Summary: The Benton County District Court ordered petitioner Briana Wakefield to pay $15 each month toward her outstanding legal financial obligations (LFOs). Wakefield was homeless, disabled, and indigent. Her only income was $7...

Washington v. Flores (Majority and Dissent)  
Date: September 15, 2016
Docket Number: 91986-1

Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on the circumstances officers making a lawful arrest may seize a companion of the arrestee in the absence of reasonable suspicion to independently jus...

Birrueta v. Dep't of Labor & Indus. (Majority)  
Date: September 15, 2016
Docket Number: 92215-2

Justia Opinion Summary: After the Department of Labor and Industries (Department) learned it had been overpaying respondent Jose Birrueta's industrial insurance benefits for years, it issued two orders, one assessing an overpayment and another...

Pendergrast v. Matichuk (Majority, Concurrence and Dissent)  
Date: September 15, 2016
Docket Number: 92324-8

Justia Opinion Summary: Leslie Pendergrast and Robert Matichuk bought adjacent lots separated by a solid wooden fence. The fence enclosed a venerable cherry tree on Pendergrast's lot. For several years, Pendergrast and Matichuk maintained their...

In re Parental Rights to K.M.M. (Majority and Concurrence)  
Date: September 8, 2016
Docket Number: 91757-4

Justia Opinion Summary: The child (K.M.M.) was in foster care since she was six and a half years old. She was removed from her biological parents' custody in 2009 because their serious substance abuse problems resulted in a neglectful home envi...

N.L. v. Bethel Sch. Dist. (Majority and Dissent)  
Date: September 1, 2016
Docket Number: 91775-2

Justia Opinion Summary: N.L. met Nicholas Clark at school track practice. She was 14, and he was 18. Both were students in the Bethel School District. Neither N.L. nor any responsible adult on the field knew that Clark was a registered sex offe...

Belenski v. Jefferson County (Majority and Dissent)  
Date: September 1, 2016
Docket Number: 92161-0

Justia Opinion Summary: When petitioner Mike Belenski requested certain records from Jefferson County (County), the County responded that it had "no responsive records." Over two years later, Belenski sued the County, asserting that this respon...

Washington v. Goss (Majority)  
Date: August 18, 2016
Docket Number: 92274-8

Justia Opinion Summary: Petitioner Michael Goss argued that the charging document the State used to accuse him of second degree child molestation failed to pass constitutional muster because it violated his right to know the "nature and cause o...

Nelson v. Erickson (Majority)  
Date: August 18, 2016
Docket Number: 92489-9

Justia Opinion Summary: Petitioner-plaintiff Jess Nelson sued defendant-respondent Erickson for personal injuries after a car accident. They went to mandatory arbitration, and the arbitrator awarded the plaintiff a total of $44,923. Of that tot...

Lenander v. Dep't of Retirement Sys. (Majority)  
Date: August 18, 2016
Docket Number: 92671-9

Justia Opinion Summary: In 2000, the Department of Retirement Systems (DRS) created a new option for eligible retirees in which the retiree could opt for a pension that would allow a surviving spouse to continue to receive monthly pension benef...

Cent. Puget Sound Reg'l Transit Auth. v. Airport Inv. Co. (Majority and Dissent)  
Date: August 4, 2016
Docket Number: 91653-5

Justia Opinion Summary: Central Puget Sound Regional Transit Authority (Sound Transit) condemned property owned by Airport Investment Company (AIC) in order to secure easements to construct and operate an elevated light rail. The parties could...

Cooper v. Alsco, Inc. (Majority)  
Date: August 4, 2016
Docket Number: 91801-5

Justia Opinion Summary: Alsco, Inc. was a textile rental and sales company that supplied uniforms, linens, and other products to other businesses in industrial, hospitality, health care, and other fields. Alsco did not provide products or servi...

Blackburn v. Washington (Majority)  
Date: July 28, 2016
Docket Number: 91494-0

Justia Opinion Summary: Nine employees of Western State Hospital (WSH) claimed that the hospital illegally took race into account when making staffing decisions in response to patients' race-based threats or demands. After a six-day bench trial...

Washington v. Samalia (Majority and Dissent)  
Date: July 28, 2016
Docket Number: 91532-6

Justia Opinion Summary: Petitioner Adrian Sutlej Samalia fled on foot from a stolen car during a lawful traffic stop, leaving his cell phone behind in the vehicle. After Samalia successfully escaped, the police searched the cell phone without a...

In re Welfare of B.P. (Majority and Dissent)  
Date: July 28, 2016
Docket Number: 91925-9

Justia Opinion Summary: H.O. appealed the termination of her parental rights to her child, B.P. H.O., suffered from drug addiction, depression and other mental health issues, and the effects of long term childhood trauma. B.P., suffered too: sh...

Washington v. LG Elecs., Inc. (Majority, Concurrence and Dissent)  
Date: July 21, 2016
Docket Number: 91391-9

Justia Opinion Summary: The State of Washington sued more than 20 foreign electronics manufacturing companies (including petitioners) for price fixing. The State claimed the foreign companies conspired to fix prices by selling CRTs (cathode ray...

City of Lakewood v. Willis (Majority, Concurrence and Dissent)  
Date: July 21, 2016
Docket Number: 91827-9

Justia Opinion Summary: A city of Lakewood police officer saw petitioner Robert Willis walk into the traffic lanes at Interstate 5's (I-5) northbound exit ramp on Gravelly Lake Drive. Willis carried a sign saying he was disabled and needed help...

Washington v. Mohamed (Majority)  
Date: July 21, 2016
Docket Number: 92261-6

Justia Opinion Summary: Two police officers were dispatched to defendant Sayiden Mohamed's residence to follow up on several 911 hang-up calls that had originated from the house. Upon speaking with him, the officers observed that defendant was...

Washington v. LG Elecs., Inc. (Majority, Concurrence and Dissent)  
Date: July 14, 2016
Docket Number: 91263-7

Justia Opinion Summary: Historically, sovereigns were not subject to statutes of limitations without their explicit consent. Washington State consented to some statutes of limitations but not to others. The issue this case presented for the Was...

Washington v. Ashley (Majority)  
Date: July 14, 2016
Docket Number: 91771-0

Justia Opinion Summary: Baron Ashley Jr. appealed his conviction for unlawful imprisonment with domestic violence. At trial, the State introduced evidence of Ashley's prior acts of domestic violence against the victim pursuant to ER 404(b). The...

In re Pers. Restraint of Stuhr (Majority)  
Date: July 14, 2016
Docket Number: 91920-8

Justia Opinion Summary: Petitioner Clark Stuhr was in the custody of Department of Corrections (DOC), serving two consecutive sentences imposed pursuant to the Sentencing Reform Act of 1981 (SRA). As penalties for Stuhr's serious disciplinary i...

Centurion Props. III, LLC v. Chi. Title Ins. Co. (Majority)  
Date: July 14, 2016
Docket Number: 91932-1

Justia Opinion Summary: The United States Court of Appeals for the Ninth Circuit certified a question of Washington law to the Washington Supreme Court: "Does a title company owe a duty of care to third parties in the recording of legal instrum...

Washington v. Porter (Majority)  
Date: July 14, 2016
Docket Number: 92060-5

Justia Opinion Summary: The State challenged a Court of Appeals decision reversing Clifford Porter's conviction for possession of a stolen motor vehicle. Pursuant to a search warrant, police discovered portions of a stolen vehicle on Porter's p...

Kovacs v. Dep't of Labor & Indus. (Majority)  
Date: July 14, 2016
Docket Number: 92122-9

Justia Opinion Summary: John Kovacs injured his back while working for Pro Heating & Air Conditioning, Inc. on September 29, 2010. Kovacs filed an application for benefits on September 29, 2011. The Department of Labor and Industries initially...

In re Dependency of D.L.B. (Majority)  
Date: July 14, 2016
Docket Number: 92448-1

Justia Opinion Summary: In 2013, the Washington legislature enacted amendments to the dependency statutes to expressly address incarcerated parents. Those factors barred a court from assuming that incarceration would make it impossible to paren...

In re Custody of M.W. (Majority, Concurrence and Dissent)  
Date: July 7, 2016
Docket Number: 90072-8

Justia Opinion Summary: The question presented for the Washington Supreme Court's review in this case was whether a third party, a step-grandfather with no legally established relationship to his step-grandson, could petition for visitation rig...

Washington v. Fisher (Majority, Concurrence and Dissent)  
Date: July 7, 2016
Docket Number: 91438-9

Justia Opinion Summary: Petitioner Kisha Fisher and Corey Trosclair were tried as codefendants for the felony murder of Leonard Masten. Prior to trial, Fisher made out-of-court statements that incriminated both herself and Trosclair. After deny...

Piris v. Kitching (Majority and Dissent)  
Date: July 7, 2016
Docket Number: 91567-9

Justia Opinion Summary: The complaint in this case alleged negligence based on a failure to schedule a resentencing hearing for a criminal defendant after the Court of Appeals remanded for resentencing. Consequently, the defendant served more p...

Jordan v. Nationstar Mortg., LLC (Majority and Dissent)  
Date: July 7, 2016
Docket Number: 92081-8

Justia Opinion Summary: Plaintiff Laura Jordan defaulted on a mortgage payment, and one day after returning home from work, she could not enter the house: the locks had been changed without warning. Nationstar Mortgage left a notice on the hous...

Washington v. Farnsworth (Majority, Concurrence and Dissent)  
Date: June 23, 2016
Docket Number: 91297-1

Justia Opinion Summary: In 2009, Charles Farnsworth, Jr. and James McFarland were suffering heroin withdrawals and had no money to purchase more. The pair made a plan to "rob" a bank. They were arrested and charged with first degree robbery. Th...

Washington v K. H.-H. (Majority and Dissent)  
Date: June 23, 2016
Docket Number: 91934-8

Justia Opinion Summary: K.H.-H., a 17-year-old male, was charged with assault with sexual motivation after he forced himself on C.R., a female acquaintance who attended the same high school. The issue this case presented on appeal involved whet...

Washington v. Mecham (Majority, Dissent and Concurrence/Dissent)  
Date: June 16, 2016
Docket Number: 90598-3

Justia Opinion Summary: Officer Scott Campbell made a traffic stop of petitioner Mark Mecham, observing that Mecham might have been driving while intoxicated. Officer Campbell asked Mecham to perform field sobriety tests (FSTs), which would hav...

In re Det. of M. W. (Majority and Dissent)  
Date: June 9, 2016
Docket Number: 90570-3

Justia Opinion Summary: The respondents' cases were unrelated, but they were consolidated because they both challenged the constitutionality of recommitment under former RCW 71.05.320(3)(c)(ii). M.W. was charged with felony assault in the secon...

Washington v. Otton (Majority and Concurrence)  
Date: June 9, 2016
Docket Number: 91669-1

Justia Opinion Summary: Petitioner Nalda Otton sought reversal of his convictions for second degree assault and felony harassment. Otton and the victim had a romantic relationship and lived in the same household. The victim was disabled due to...

Lui v. Essex Insur. Co. (Majority)  
Date: June 9, 2016
Docket Number: 91777-9

Justia Opinion Summary: Kut Suen and May Far Lui (the Luis) owned a building that sustained water damage after a pipe burst while the building was vacant. The Luis' insurance policy for the building limited coverage for water damage based on va...

New Cingular Wireless PCS, LLC v. City of Clyde Hill (Majority)  
Date: May 26, 2016
Docket Number: 91978-0

Justia Opinion Summary: New Cingular Wireless PCS LLC, an affiliate of AT&T Mobility LLC, provides both wireless voice telephone services and data services to customers in the city of Clyde Hill. Clyde Hill imposes a local utility tax on wirele...

Lee v. Washington (Majority and Concurrence)  
Date: May 26, 2016
Docket Number: 92708-1

Justia Opinion Summary: Appellants sought reversal of a King County Superior Court order declaring Initiative 1366 (I-1366) unconstitutional. At the center of this case, the fact that I-1366, if enacted, would "result[] in either a onetime redu...

Washington v. Budd (Majority and Dissent)  
Date: May 19, 2016
Docket Number: 91529-6

Justia Opinion Summary: The issue this case presented for the Washington Supreme Court's review was whether police officers had to give resident-respondent Michael Budd "Ferrier" warnings before making a warrantless, consent-based entry into th...

Dep't of Labor & Indus. v. Lyons Enters., Inc. (Majority)  
Date: May 19, 2016
Docket Number: 91610-1

Justia Opinion Summary: Lyons Enterprises Inc. was a regional franchisor of an international janitorial franchise operating in western Washington. The Department of Labor and Industries (L&I) determined that some of Lyons' franchisees, those th...

Kim v. Lakeside Adult Family Home (Majority)  
Date: May 12, 2016
Docket Number: 91536-9

Justia Opinion Summary: Ho Im Bae died from acute morphine intoxication at Lakeside Adult Family Home. Esther Kim, the personal representative of Bae's estate, brought tort claims against several individuals involved in Bae's care. The issue th...

Washington v. Juarez (Majority)  
Date: May 5, 2016
Docket Number: 91185-1

Justia Opinion Summary: Defendants were tried together as codefendants, each charged with three counts of first degree assault while armed with a firearm with intent to benefit a criminal street gang. All three defendants appealed, raising a nu...

Pruczinski v. Ashby (Majority)  
Date: May 5, 2016
Docket Number: 91466-4

Justia Opinion Summary: This case arose out of the alleged tortious conduct of an Idaho state trooper against an Idaho citizen during a traffic stop in which pursuit began in Idaho, but ended in Washington. The issue this case presented for the...

Arnold v. City of Seattle (Majority)  
Date: May 5, 2016
Docket Number: 91742-6

Justia Opinion Summary: The issue this case presented for the Washington Supreme Court's review was whether a city of Seattle (City) employee who recovered wages from a Seattle Civil Service Commission (Commission) hearing was entitled to attor...

Washington v. Duncan (Majority)  
Date: April 28, 2016
Docket Number: 90188-1

Justia Opinion Summary: A little after midnight in Yakima one summer night in 2009, someone in a car shot into a home, grazing Kyle Mullins' head. Petitioner Chad Duncan was charged with six counts of first degree assault and one count of unlaw...

Bilanko v. Barclay Court Owners Ass'n (Majority)  
Date: April 28, 2016
Docket Number: 91247-5

Justia Opinion Summary: The Barclay Court Owners Association amended its condominium declaration to restrict the number of units that could be leased at one time. After this amendment was passed and recorded, Carolyn Bilanko purchased a condo a...

Washington v. Stump (Majority)  
Date: April 28, 2016
Docket Number: 91531-8

Justia Opinion Summary: Curtis Stump was convicted of possession of heroin following a bench trial. He filed a notice of appeal, and the trial court appointed a lawyer to represent Stump on the appeal at public expense. That lawyer, however, di...

Clark County v. McManus (Majority)  
Date: April 28, 2016
Docket Number: 91963-1

Justia Opinion Summary: In a workers' compensation appeal, the trial court denied the worker-employee's proposed instruction, which would inform the jury that it must give special consideration to the (opinion) testimony of his attending physic...

Washington v. Jones (Majority and Concurrence)  
Date: April 21, 2016
Docket Number: 89321-7

Justia Opinion Summary: This case presented questions regarding a defendant's public trial right and right to be present as applied to the designation of alternate jurors by a random drawing performed after both sides have rested at trial. The...

John Doe A v. Wash. State Patrol (Majority and Dissent)  
Date: April 7, 2016
Docket Number: 90413-8

Justia Opinion Summary: At issue was whether RCW 4.24.550, a community notification statute relating to registered sex offenders, constituted an "other statute" under the Public Records Act (PRA), that would exempt the blanket release of level...

Kozol v. Dep't of Corr. (Majority)  
Date: April 7, 2016
Docket Number: 92190-3

Justia Opinion Summary: Prison inmate Steven Kozol sought to file a statutory petition for writ of review under chapter 7.16 RCW to challenge a prison disciplinary sanction imposed by the Department of Corrections. The Department of Corrections...

Millies v. LandAmerica Transnation (Majority and Dissent)  
Date: March 31, 2016
Docket Number: 91301-3

Justia Opinion Summary: Richard and Susan Millies purchased a secluded piece of property in Stevens County overlooking Deer Lake. Their title company overlooked an easement that could have rendered the property far less secluded. The title insu...

Washington v. Wilcoxon (Majority, Concurrence and Dissent)  
Date: March 31, 2016
Docket Number: 91331-5

Justia Opinion Summary: Someone attempted to burglarize Lancer Lanes and Casino around 2:00a.m. on May 14, 2013. The burglar cut the surveillance feed. However, the burglar's activities awoke Eric Glasson, an individual who occasionally slept o...

Wade's Eastside Gun Shop, Inc. v. Dep't of Labor & Indus. (Majority and Dissent)  
Date: March 24, 2016
Docket Number: 89629-1

Justia Opinion Summary: This appeal arose from an action brought by the Seattle Times against the Department of Labor and Industries (L&I) for withholding nonexempt public records in violation of the Public Records Act (PRA). In October 2012, L...

In re Det. of W.C.C. (Majority)  
Date: March 24, 2016
Docket Number: 91950-0

Justia Opinion Summary: At the time of his involuntary civil commitment, W.C.C. lived at the Downtown Emergency Service Center's Rainer House. In December 2013, Rainer House staff informed a King County designated mental health professional (DM...

Dep't of Labor & Indus. v. Rowley (Majority and Concurrence)  
Date: March 17, 2016
Docket Number: 91357-9

Justia Opinion Summary: Bart Rowley Sr. was injured while driving a truck for work. He filed a claim for workers' compensation benefits. The Department of Labor and Industries (Department) denied Rowley's claim because it determined that Rowley...

Washington v. Chenoweth (Majority and Dissent)  
Date: March 17, 2016
Docket Number: 91366-8

Justia Opinion Summary: Chad Chenoweth was convicted of six counts of third degree child rape of his daughter and six counts of first degree incest. The incest counts and the rape of a child counts were based on six incidents, each involving a...

Dot Foods, Inc. v. Dep't of Revenue (Majority)  
Date: March 17, 2016
Docket Number: 92398-1

Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on whether the legislature's amendment to a business and occupation (B&O) tax exemption, applied retroactively, violated a taxpayer's rights under the...

Washington v. Sundberg (Majority)  
Date: March 3, 2016
Docket Number: 91660-8

Justia Opinion Summary: Cory Sundberg was charged with and convicted of unlawful possession of a controlled substance (methamphetamine). The statute under which Sundberg was convicted set forth a strict liability crime in that knowledge of the...

In re Recall of Kelley (Majority)  
Date: March 3, 2016
Docket Number: 91843-1

Justia Opinion Summary: Petitioner Will Knedlik filed a recall petition against Washington State Auditor Troy Kelley, charging him with misfeasance, malfeasance, and breach of his oath of office for: (1) violating the residency requirements of...

Saucedo v. John Hancock Life & Health Ins. Co. (Majority)  
Date: March 3, 2016
Docket Number: 91945-3

Justia Opinion Summary: Farmworkers filed a class action lawsuit against four corporate defendants. Two questions of Washington law were certified to the Washington Supreme Court, arising from this suit: The first question implicated RCW 19.30....

Long v. Brusco Tug & Barge, Inc. (Majority and Dissent)  
Date: February 25, 2016
Docket Number: 90976-8

Justia Opinion Summary: Brian Long sued his former employer, Bo Brusco and Brusco Tug & Barge Inc. (Brusco), alleging wrongful termination in retaliation for opposing Brusco's discriminatory conduct against another employee. The underlying fact...

State v. Marks (Majority)
Date: February 25, 2016
Docket Number: 91148-7
Washington v. Miller (Majority and Dissent)  
Date: February 11, 2016
Docket Number: 91065-1

Justia Opinion Summary: A jury convicted Spencer Miller of two counts of attempted first degree murder in 2002. The trial court imposed a 200-month sentence on each count, to run consecutively. In an untimely collateral attack, Miller argued th...

Washington v. Fuller (Majority)  
Date: February 4, 2016
Docket Number: 91193-2

Justia Opinion Summary: Petitioner Johnny Fuller was charged with two counts of assault in the second degree, each count presenting an alternative means of committing the offense. The jury acquitted Fuller of one count and deadlocked on the oth...

OneWest Bank FSB v. Erickson (Majority and Concurrence)  
Date: February 4, 2016
Docket Number: 91283-1

Justia Opinion Summary: The issue this case presented for the Washington Supreme Court's review concerned the authority of an Idaho court to impact property in Washington and whether the Washington Court had to respect that court's orders. This...

In re Det. of Anderson (Majority and Dissent)  
Date: February 4, 2016
Docket Number: 91385-4

Justia Opinion Summary: In 1988, when petitioner John Anderson was 17 years old, he pled guilty in juvenile court to statutory rape in the first degree. The victim was two and a half years old. Anderson was sentenced to 100 weeks in a juvenile...

Spokane Entrepreneurial Ctr. v. Spokane Moves to Amend the Constitution (Majority)  
Date: February 4, 2016
Docket Number: 91551-2

Justia Opinion Summary: In 2013, Envision Spokane gathered enough signatures to place a local initiative on the ballot that would establish a "Community Bill of Rights." Petitioners filed this declaratory judgment action challenging the validit...

In re Estate of Barnes (Majority)  
Date: January 28, 2016
Docket Number: 91488-5

Justia Opinion Summary: At issue in this case was a will contest and whether the will proponents presented sufficient evidence to rebut a presumption of undue influence. The trial court invalidated the will, finding that it was the product of u...

Wuthrich v. King County (Majority)  
Date: January 28, 2016
Docket Number: 91555-5

Justia Opinion Summary: In 2008, petitioner Guy Wuthrich was riding a motorcycle on Avondale Road Northeast in King County, approaching an intersection with Northeast 159th Street. Drivers on 159th Street are controlled by a stop sign at the in...

Woodward v. Taylor (Majority)  
Date: January 14, 2016
Docket Number: 91270-0

Justia Opinion Summary: Two Washington residents got into a single-car accident that occurred in Idaho. The issue as presented for the Supreme Court's review was whether Washington or Idaho law applied: plaintiff filed this suit in Washington m...

Kroeber v. Geico Ins. Co. (Majority)  
Date: January 14, 2016
Docket Number: 91846-5

Justia Opinion Summary: In 2012, plaintiff Heidi Kroeber was shot outside the Bad Monkey Bar in Kent, Washington by Matthew Atkinson, who was driving an uninsured truck belonging to a friend at the time he opened fire. Plaintiff and her boyfrie...

Washington v. Rich (Majority)  
Date: January 7, 2016
Docket Number: 91623-3

Justia Opinion Summary: A jury convicted Andrea Rich of driving under the influence (DUI) and reckless endangerment. The evidence showed that Rich was speeding in traffic while highly intoxicated and with a young child in the front passenger se...

The opinions published on Justia State Caselaw are sourced from individual state court sites. These court opinions may not be the official published versions, and you should check your local court rules before citing to them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site, or the information linked to on the state site.