Washington Supreme Court Decisions 2018

Washington v. Chacon (Majority and Dissent)  
Date: December 27, 2018
Docket Number: 95194-2

Justia Opinion Summary: Petitioner John Chacon sought reversal of an unpublished Court of Appeals opinion affirming his conviction for second degree assault and criminal trespass. At trial, the judge instructed the jury on reasonable doubt, usi...

End Prison Indus. Complex v. King County (Majority)  
Date: December 27, 2018
Docket Number: 95307-4

Justia Opinion Summary: End Prison Industrial Complex (EPIC) argued that the ballot title for a King County property tax increase lacked information required by former RCW 84.55.050 (2012). The Washington Supreme Court found that RCW 29A.36.090...

Chan Healthcare Grp. v. Liberty Mut. Fire Ins. Co. (Majority)
Date: December 13, 2018
Docket Number: 95416-0
Chan Healthcare Grp. v. Liberty Mut. Fire Ins. Co. (Majority)  
Date: December 13, 2018
Docket Number: 95416-0

Justia Opinion Summary: At issue in this case was whether full faith and credit required Washington courts to enforce an Illinois class action judgment by dismissing subsequent local cases based on the same facts. An Illinois medical provider b...

Washington v. Allen (Majority)  
Date: December 13, 2018
Docket Number: 95454-2

Justia Opinion Summary: In November 2009, Maurice Clemmons shot and killed four Lakewood, Washington police officers. Respondent Darcus Allen drove Clemmons to and from the crime scene. Allen was charged as an accomplice with four counts of agg...

Spokane County v. Dep't of Fish & Wildlife (Majority and Concurrence)  
Date: December 6, 2018
Docket Number: 95029-6

Justia Opinion Summary: At issue was the geographic scope of the permitting authority delegated to the Washington Department of Fish and Wildlife over hydraulic projects. A coalition of counties challenged the Department's statutory authority t...

Washington v. Farnworth (Majority)  
Date: December 6, 2018
Docket Number: 95105-5

Justia Opinion Summary: This case concerned whether a prosecutor properly aggregated numerous offenses that would, individually, constitute theft in the second degree into two counts of theft in the first degree. Washington's common law standar...

Protect Pub. Health v. Freed (Majority)  
Date: December 6, 2018
Docket Number: 95134-9

Justia Opinion Summary: Proposed Initiative 27 (I-27) would have allowed King County, Washington voters to decide whether to ban public funding for community health engagement location (CHEL) sites, colloquially known as safe injection sites, a...

Murray v. Dep't of Labor & Indus. (Majority)  
Date: December 6, 2018
Docket Number: 95251-5

Justia Opinion Summary: In 2006, the Washington legislature enacted legislation establishing a state health technology assessment program. Part of that legislation formed the Health Technology Clinical Committee ("HTCC") as an independent commi...

Washington v. Henderson (Majority)  
Date: December 6, 2018
Docket Number: 95603-1

Justia Opinion Summary: Michael Henderson shot and killed Abubakar Abdi during an argument. Henderson was charged with felony murder based on second degree assault with a deadly weapon. Henderson contended that while acting in self-defense, he...

In re Disciplinary Proceedings Against Jensen (Majority)
Date: November 29, 2018
Docket Number: 201,706-1
Cornwell v. Microsoft Corp. (Majority and Dissent)  
Date: November 29, 2018
Docket Number: 94846-1

Justia Opinion Summary: A trial court granted summary judgment in favor of Microsoft Corporation after Dawn Cornwell, a former employee, alleged the company retaliated against her. While working for Microsoft, Cornwell believed that her then-su...

Harper v. Washington (Majority)  
Date: November 21, 2018
Docket Number: 95511-5

Justia Opinion Summary: Scottye Miller murdered his longtime girlfriend, Tricia Patricelli, 15 days after he was released from prison on Department of Corrections (DOC)-supervised probation. Patricelli, Patricelli's family and friends, and DOC—...

Washington v. Scherf (Majority and Concurrence)  
Date: November 8, 2018
Docket Number: 88906-6

Justia Opinion Summary: While in prison serving a life without parole sentence, Byron Scherf murdered a prison guard. He was tried, convicted of aggravated murder, and sentenced to death. In his appeal, he raised multiple claims of error: proce...

Washington v. Hand (Majority and Concurrence)  
Date: November 8, 2018
Docket Number: 94902-6

Justia Opinion Summary: The question this case presented for the Washington Supreme Court’s review was whether detaining an incompetent defendant in jail for 76 days before providing competency restoration treatment violates his substantive due...

In re Pers. Restraint of Gronquist (Majority)  
Date: November 8, 2018
Docket Number: 94971-9

Justia Opinion Summary: In 1995, Derek Gronquist was sentenced to three consecutive, 114-month terms of total confinement for three counts of attempted first-degree kidnapping with a special finding of sexual motivation. On petition to the Wash...

H.B.H. v. Washington (Majority and Dissent)  
Date: November 1, 2018
Docket Number: 94529-2

Justia Opinion Summary: Former foster children brought a case against the Department of Social and Health Service (DSHS) alleging negligence in failing to protect them from the tortious or criminal acts of their foster (and later, adoptive) par...

Rublee v. Carrier Corp. (Majority and Dissent)  
Date: November 1, 2018
Docket Number: 94732-5

Justia Opinion Summary: The Washington Supreme Court was presented an issue of first impression: whether Washington should adopt the "apparent manufacturer" doctrine for common law product liability claims predating the 1981 product liability a...

Washington v. Jefferson (Majority, Concurrence and Concurrence/Dissent)  
Date: November 1, 2018
Docket Number: 94853-4

Justia Opinion Summary: Tyree Jefferson was convicted by jury of first degree murder, first degree assault, and first degree unlawful possession of a firearm. On appeal, he challenged the State's use of a peremptory strike against the only Afri...

Hendrickson v. Moses Lake Sch. Dist. (Majority)  
Date: November 1, 2018
Docket Number: 94898-4

Justia Opinion Summary: Heidi Hendrickson filed suit against the Moses Lake School District to recover for injuries she suffered while operating a table saw in a woodshop class at Moses Lake High School. The jury found the District was negligen...

Washington v. Hubbard (Majority and Concurrence)  
Date: November 1, 2018
Docket Number: 95012-1

Justia Opinion Summary: In 2004, Waylon Hubbard pled guilty to second degree possession of stolen property. He was sentenced to a short term of confinement and 120 hours of community service. He was also ordered to pay legal financial obligatio...

El Centro de la Raza v. Washington (Majority, Dissent and Concurrence/Dissent)  
Date: October 25, 2018
Docket Number: 94269-2

Justia Opinion Summary: In 2012, Washington voters approved I-1240, codified at chapter 28A.710 RCW, which created a public charter school system.In League of Women Voters v. Washington, 184 Wn.2d 393 (2015), the Washington Supreme Court held t...

Washington v. Bassett (Majority and Dissent)  
Date: October 18, 2018
Docket Number: 94556-0

Justia Opinion Summary: When Brian Bassett was 16 years old, he was living in a "shack" with Nicholaus McDonald after Bassett's parents '"kicked [him] out'" of their home. With McDonald's assistance, Bassett snuck back into his home and shot hi...

Washington v. Gregory (Majority and Concurrence)  
Date: October 11, 2018
Docket Number: 88086-7

Justia Opinion Summary: In 1996, Allen Gregory raped, robbed and murdered a woman at her home. In 1998, he was investigated for another rape. In 2001, he was convicted for first degree murder and three counts of first degree rape. A jury recomm...

Cmty. Treasures v. San Juan County (Majority and Dissent)  
Date: October 11, 2018
Docket Number: 94463-6

Justia Opinion Summary: In 2012 and 2013, petitioners submitted permit applications to the San Juan County Department of Community Development. The county code listed 19 items that a party must submit to complete an application, one of which is...

In re Dependency of E.H. (Majority, Dissent and Concurrence/Dissent)  
Date: October 4, 2018
Docket Number: 94798-8

Justia Opinion Summary: This matter involved two unrelated juveniles, E.H. and S.K.-P. in unrelated dependency proceedings. R.R., E.H.;s mother, and S.K.-P. both challenged the validity of RCW 13.34.100's discretionary standard for appointment...

Belling v. Emp't Sec. Dep't (Majority and Dissent)  
Date: October 4, 2018
Docket Number: 95097-1

Justia Opinion Summary: Christopher Belling was forced to litigate to receive workers' compensation. The Employment Security Department sought to share in his award. Under some circumstances, when a person is forced to litigate to recover an aw...

NOVA Contracting, Inc. v. City of Olympia (Majority)  
Date: September 27, 2018
Docket Number: 94711-2

Justia Opinion Summary: The City of Olympia, Washington contracted with NOVA Contracting, Inc. to replace a deteriorating culvert. The contract contained a "notice of protest" provision, which was taken from the Washington Department of Transpo...

Hill v. Xerox Bus. Servs., LLC (Majority and Dissent)  
Date: September 20, 2018
Docket Number: 94860-7

Justia Opinion Summary: The dispute in this case concerned the correct characterization of Xerox's payment play under Washington law. Xerox had compensation formula fo call center employees based on "production minutes" - a unit of time during...

Washington v. Yelovich (Majority and Concurrence)  
Date: September 20, 2018
Docket Number: 95192-6

Justia Opinion Summary: Steven Yelovich and Faith De Armond dated for more than five years. Relevant to this appeal, Yelovich had an active restraining order against him, prohibiting him from coming near De Armond or having any contact with her...

Washington v. Ramirez (Majority)  
Date: September 20, 2018
Docket Number: 95249-3

Justia Opinion Summary: A jury convicted David Ramirez of third degree assault and possession of a controlled substance, and found by special verdict that he committed the assault with sexual motivation and displayed an egregious lack of remors...

Washington v. Sassen Van Elsloo (Majority, Concurrence and Dissent)  
Date: September 13, 2018
Docket Number: 94325-7

Justia Opinion Summary: Adrian Sassen Van Elsloo appealed the dismissal of an impaneled juror excused midtrial because she had a minor connection to an important defense witness. The Washington Supreme Court concluded the trial judge erred by d...

Washington v. Nguyen (Majority)  
Date: September 13, 2018
Docket Number: 94883-6

Justia Opinion Summary: Defendants Hai Nguyen and Dominique Norris' cases were consolidated for the Washington Supreme Court's review; the issue they shared was whether the community custody conditions imposed by their respective sentencing cou...

Southwick, Inc. v. Washington (Majority and Dissent)  
Date: September 13, 2018
Docket Number: 95237-0

Justia Opinion Summary: A cemetery operator challenged a fine imposed when it relocated cremains without giving prior notification of its actions to next of kin. The operator claimed it was acting under its own rules in disinterring 37 sets of...

Martin v. Gonzaga Univ. (Majority)  
Date: September 13, 2018
Docket Number: 95269-8

Justia Opinion Summary: David Martin's employment with Gonzaga University was terminated. He sued, alleging he was wrongfully discharged because of whistle-blowing, and asserted a private cause of action under RCW 49.12.250 for an alleged viola...

Olympic Peninsula Narcotics Enf't Team v. Junction City Lots 1 through 12 Inclusive (Majority and Dissent)  
Date: September 6, 2018
Docket Number: 95013-0

Justia Opinion Summary: The Washington civil forfeiture statute allows law enforcement agencies to seize and take ownership of property that had a sufficient factual nexus to certain controlled substance violations; if law enforcement cannot pr...

Puget Soundkeeper All. v. Dep't of Ecology (Majority and Dissent)  
Date: August 30, 2018
Docket Number: 94293-5

Justia Opinion Summary: The issue this case presented for the Washington Supreme Court's review centered on whether the state Department of Ecology's then-current wast discharge permitting process complied with RCW 90.48.520 and its requirement...

Eyman v. Wyman (Majority, Concurrence, Dissent and Concurrence/Dissent)  
Date: August 28, 2018
Docket Number: 95749-5

Justia Opinion Summary: Washington voters referred Initiative 940 ("I-940") to the Legislature; I-940 was an initiative concerning police reform. The legislature also passed a conditional bill, ESHB 3003, purporting to prospectively amend 1-940...

Ball v. Wyman (Majority and Order)
Date: August 24, 2018
Docket Number: 96191-3
Hill v. Garda CL Nw, Inc. (Majority, Concurrence and Dissent)  
Date: August 23, 2018
Docket Number: 94593-4

Justia Opinion Summary: Constant vigilance is a job requirement for Garda CL Northwest, Inc., a company that operates armored transportation services. Garda requires those employees to maintain vigilance even when they take lunch breaks. The Co...

In re Disciplinary Proceedings Against Cottingham (Majority)
Date: August 16, 2018
Docket Number: 201,704-5
Washington v. Curry (Majority and Concurrence)  
Date: August 16, 2018
Docket Number: 94681-7

Justia Opinion Summary: After unsuccessfully representing himself at trial, Jerome Curry Jr. appealed his drug convictions to the Court of Appeals, challenging the trial court's decision to allow Curry to represent himself. The Court of Appeals...

Washington v. Linville (Majority and Concurrence)  
Date: August 16, 2018
Docket Number: 94813-5

Justia Opinion Summary: Kenneth Linville, Jr. was charged with leading a wave of burglaries throughout Thurston County, Washington. The State charged Linville with one count of "leading organized crime," in addition to 137 other offenses. Some...

Washington v. Watkins (Majority and Dissent)  
Date: August 16, 2018
Docket Number: 94973-5

Justia Opinion Summary: Sixteen-year-old Tyler Watkins was charged with first degree burglary as an adult. The former RCW 13.04.030(1) (2009) provided that juvenile courts had to automatically decline jurisdiction over 16- and 17-year-olds char...

Anderson v. Soap Lake Sch. Dist. (Majority, Concurrence and Dissent)  
Date: August 9, 2018
Docket Number: 93977-2

Justia Opinion Summary: Sheila Rosenberg was invited to the home of Igor Lukashevich, her high school basketball coach. Lukashevich drank shots of vodka with Rosenberg, then shortly after leaving Lukashevich's home, Rosenberg was killed along w...

Maytown Sand & Gravel, LLC v. Thurston County (Majority)  
Date: August 9, 2018
Docket Number: 94452-1

Justia Opinion Summary: The central issue in this case was whether the administrative exhaustion rule found in the Land Use Petition Act (LUPA) applies to all tort claims that arise during the land use decision-making process. In late 2009, May...

State v. Tyler (Majority and Concurrence)  
Date: August 2, 2018
Docket Number: 93770-2

Justia Opinion Summary: Robert Tyler challenged his conviction for possessing a stolen vehicle. He contended the State was required to prove he engaged in all the actions that constitute "possession" of a stolen vehicle because these were liste...

Cent. Puget Sound Reg'l Transit Auth. v. WR-SRI 120th N. LLC (Majority)  
Date: August 2, 2018
Docket Number: 94255-2

Justia Opinion Summary: The Washington Supreme Court affirmed lower courts' decisions in four cases which all presented the same issue: whether Central Puget Sound Regional Transit Authority could condemn Seattle's electrical transmission line...

In re Det. of Black (Majority and Dissent)  
Date: August 2, 2018
Docket Number: 94494-6

Justia Opinion Summary: This case concerns the admissibility of expert testimony about whether the subject individual suffers from a mental abnormality. In 2011, the State filed a petition to civilly commit 40-year-old Mark Black as an sexually...

In re Pers. Restraint of Meredith (Majority and Concurrence)  
Date: August 2, 2018
Docket Number: 94582-9

Justia Opinion Summary: At Gary Meredith's trial, the trial court mistakenly gave the State and defense counsel one less peremptory challenge than they were entitled to under CrR 6.4(e)(1) and CrR 6.5. Meredith claimed his appellate counsel was...

In re Pers. Restraint of Schorr (Majority)  
Date: August 2, 2018
Docket Number: 94591-8

Justia Opinion Summary: In 2006, William Schorr pled guilty to first degree murder, first degree robbery, second degree arson, and first degree theft. Eleven years later, he filed a personal restraint petition (PRP) challenging the convictions...

In re Pers. Restraint of Light-Roth (Majority and Concurrence)  
Date: August 2, 2018
Docket Number: 94950-6

Justia Opinion Summary: Kevin Light-Roth was convicted of second degree murder in 2004, and the trial court sentenced him to 335 months' confinement. In an untimely personal restraint petition (PRP), Light-Roth argued Washington v. O'Dell, 358...

Washington v. Blair (Majority and Concurrence)  
Date: July 26, 2018
Docket Number: 93995-1

Justia Opinion Summary: Washington State charged Christopher Blair with one count of theft of a motor vehicle, a Ford truck, that Blair purportedly stole in October 2011. Pursuant to that charge, he entered a drug court personal recovery progra...

In re Pers. Restraint of Schley (Majority, Concurrence and Dissent)  
Date: July 26, 2018
Docket Number: 94280-3

Justia Opinion Summary: Matthew Schley was sentenced under the a drug offender sentencing alternative (DOSA) after pleading guilty to first degree theft and second degree burglary. He was sentenced to 29.75 months of incarceration with chemical...

Washington v. Dennis (Majority and Dissent)  
Date: July 26, 2018
Docket Number: 95083-1

Justia Opinion Summary: This case concerned the statutory interpretation of the portion of RCW 9.41.040 dealing with the requirements for restoration of firearm rights. In 1991, Edgar Dennis, III was convicted of second degree robbery, third de...

Specialty Asphalt & Constr., LLC v. Lincoln County (Majority, Concurrence and Dissent)  
Date: July 26, 2018
Docket Number: 95085-7

Justia Opinion Summary: Specialty Asphalt & Construction, LLC and its majority owner, Lisa Jacobsen (Specialty), brought suit against Lincoln County, Washington (County) for gender discrimination, negligent misrepresentation, and breach of cont...

Afoa v. Port of Seattle (Majority and Dissent)  
Date: July 19, 2018
Docket Number: 94525-0

Justia Opinion Summary: Respondent-petitioner Brandon Afoa was severely injured in an accident while working at the Port of Seattle for a cargo company. He sued the Port on a theory that the Port retained sufficient control over his work to hav...

Washington v. Garcia (Majority and Dissent)  
Date: July 5, 2018
Docket Number: 94457-1

Justia Opinion Summary: Joaquin Garcia was charged with unlawful possession of a firearm (UPFA) in the first degree. He moved for dismissal, arguing that the predicate offense was invalid because the convicting court did not notify him of his i...

Reyes v. Yakima Health Dist. (Majority, Concurrence and Dissent)  
Date: June 21, 2018
Docket Number: 94679-5

Justia Opinion Summary: Jose Reyes died after a course of treatment for tuberculosis. Judith Reyes alleged that her husband did not have tuberculosis and that the treatment prescribed to him for that disease caused him fatal liver damage due to...

Stewart v. Emp't Sec. Dep't (Majority and Dissent)  
Date: June 14, 2018
Docket Number: 93759-1

Justia Opinion Summary: Appellant Cynthia Stewart appealed after she was found ineligible for unemployment benefits. Stewart suffered from migraine headaches and took prescription medication to help manage her symptoms. Her former employer fire...

Washington v. Nelson (Majority and Concurrence)  
Date: June 14, 2018
Docket Number: 94712-1

Justia Opinion Summary: The issue this case presented for the Washington Supreme Court's review centered on the pattern jury instruction on attempted first-degree robbery. Petitioner Edward Nelson argued the State had to prove that the employee...

Durant v. State Farm Mut. Auto. Ins. Co. (Majority)  
Date: June 7, 2018
Docket Number: 94771-6

Justia Opinion Summary: The United States District Court for the Western District of Washington certified a question of Washington law to the Washington Supreme Court. This case concerned a class action insurance claim suit pending in federal c...

Lyft, Inc. v. City of Seattle (Majority, Concurrence and Dissent)  
Date: May 31, 2018
Docket Number: 94026-6

Justia Opinion Summary: The issue this case presented for the Washington Supreme Court’s review centered on whether records containing trade secrets were categorically excluded from public disclosure under the Public Records Act (PRA), ch. 42.5...

Pope Res., LP v. Dep't of Nat. Res. (Majority and Dissent)  
Date: May 24, 2018
Docket Number: 94084-3

Justia Opinion Summary: Between 1853 and 1995, the Port Gamble Bay facility in Kitsap County, Washington operated as a sawmill and forest products manufacturing facility by Pope & Talbot and its corporate predecessors. Close to four decades aft...

Kittitas County v. Allphin (Majority and Dissent)  
Date: May 17, 2018
Docket Number: 93562-9

Justia Opinion Summary: Chem-Safe Environmental was a hazardous waste facility located in Kittitas County. 2002. While inspecting a neighboring facility, James Rivard, the Kittitas County environmental supervisor, and Gary Bleeker, an Ecology e...

Washington v. Murray (Majority and Dissent)  
Date: May 17, 2018
Docket Number: 94346-0

Justia Opinion Summary: Michael Murray appealed his exceptional sentence for three counts of indecent exposure. His appeal raised two questions for the Washington Supreme Court’s review: (1) whether the sexual motivation aggravator, RCW 9.94A.5...

Schnitzer W., LLC v. City of Puyallup (Majority, Concurrence and Dissent)  
Date: May 10, 2018
Docket Number: 94005-3

Justia Opinion Summary: The issue this case presented for the Washington Supreme Court’s review centered on whether a city council's restrictive zoning decision was judicially reviewable under chapter 36.70C RCW, the Land Use Petition Act (LUPA...

Washington v. Scott (Majority and Concurrence)  
Date: May 10, 2018
Docket Number: 94020-7

Justia Opinion Summary: This case addressed the adequacy of the parole remedy available under RCW 9.94A.730, the Miller "fix" statute. Jai'Mar Scott was convicted by a jury in 1990 of first degree premeditated murder for killing his neighbor, a...

Carranza v. Dovex Fruit Co. (Majority and Dissent)  
Date: May 10, 2018
Docket Number: 94229-3

Justia Opinion Summary: The United States District Court for the Eastern District of Washington certified a question of Washington law to the Washington Supreme Court. This case began in 2016 when the two named plaintiffs filed this putative cl...

Washington v. Blockman (Majority and Concurrence)  
Date: May 10, 2018
Docket Number: 94273-1

Justia Opinion Summary: Hollis Blockman was charged with and convicted of unlawful possession of a controlled substance with intent to deliver within 1,000 feet of a school bus stop. Blockman was discovered in Patricia Burton's apartment during...

Washington v. Padilla (Majority)  
Date: May 10, 2018
Docket Number: 94605-1

Justia Opinion Summary: Jameel Padilla was convicted for communicating with a minor for immoral purposes. At issue was Padilla's community custody condition prohibiting him from "possess[ing] or access[ing] pornographic materials, as directed b...

In re Pers. Restraint of James (Majority)  
Date: May 10, 2018
Docket Number: 94869-1

Justia Opinion Summary: A jury convicted Robert James of second degree rape. James timely filed a personal restraint petition with supporting documents. The acting chief judge of Division Two of the Court of Appeals dismissed the petition as fr...

Washington v. Granath (Majority and Dissent)  
Date: April 26, 2018
Docket Number: 94892-5

Justia Opinion Summary: The issue in this case was whether the duration of a domestic violence (DV) no-contact order entered by a court of limited jurisdiction was limited to the length of the underlying suspended sentence. A jury convicted Wen...

Washington v. Bacon (Majority)  
Date: April 19, 2018
Docket Number: 94393-1

Justia Opinion Summary: Evan Bacon, a juvenile, pleaded guilty to second degree robbery and received a suspended disposition. The State challenged the juvenile court's authority to enter such a disposition, arguing that the Juvenile Justice Act...

Washington v. James-Buhl (Majority and Dissent)  
Date: April 19, 2018
Docket Number: 94409-1

Justia Opinion Summary: Teacher Tanya James-Buhl was charged with failure to comply with the mandatory reporting law that requires specified professionals to report incidents of child abuse when they have reasonable cause to believe a child has...

Garcia v. Henley (Majority and Concurrence)  
Date: April 19, 2018
Docket Number: 94511-0

Justia Opinion Summary: Ricardo and Luz Garcia and Ted and Andean Henley were neighbors in Tieton, Washington. The two families' plots shared a boundary line separated by a fence. The Henleys rebuilt the boundary fence multiple times during the...

Gilmore v. Jefferson County Pub. Transp. Benefit Area (Majority and Concurrence)  
Date: April 19, 2018
Docket Number: 94559-4

Justia Opinion Summary: In 2008, a Jefferson County Public Transportation Benefit area vehicle collided with Michael Gilmore's vehicle. Gilmore brought a personal jury lawsuit against Jefferson Transit for injuries he allegedly sustained in tha...

Chavez v. Our Lady of Lourdes Hosp. at Pasco (Majority)  
Date: April 19, 2018
Docket Number: 94592-6

Justia Opinion Summary: Judith Chavez and other registered nurses (nurses) sought class certification in their wage action against their employer, Our Lady of Lourdes Hospital at Pasco d/b/a Lourdes Medical Center and John Serle (Lourdes). The...

Lockner v. Pierce County (Majority and Concurrence)  
Date: April 19, 2018
Docket Number: 94643-4

Justia Opinion Summary: This case asked the Washington Supreme Court to clarify the scope of Washington's recreational use immunity statute, RCW 4.24.210. Margie Lockner was injured when she fell from her bicycle on a trail maintained by Pierce...

In re Disciplinary Proceeding Against Placide (Majority)
Date: April 12, 2018
Docket Number: 201,639-1
Washington v. Schierman (Majority, Concurrence, Dissent and Concurrence/Dissent)  
Date: April 12, 2018
Docket Number: 84614-6

Justia Opinion Summary: Conner Schierman was convicted of four counts of aggravated first degree murder and sentenced to death. He appealed his convictions and sentences on multiple grounds. Schierman was convicted for the 2006 stabbing deaths...

Bearden v. McGill (Majority, Concurrence and Dissent)  
Date: April 12, 2018
Docket Number: 94320-6

Justia Opinion Summary: Plaintiff James Bearden sued Dolphus McGill after they were involved in a car accident. They went to mandatory arbitration, and the arbitrator awarded plaintiff Bearden $44,000.00 in damages. Bearden moved for statutory...

In Bar Application of Simmons (Majority)  
Date: April 5, 2018
Docket Number: 201,671-5

Justia Opinion Summary: This case concerned a recent law school graduate's application to sit for the Washington State Bar Examination. Tarra Denelle Simmons had a history involving long-term substance abuse, multiple criminal convictions, and...

Washington v. Betancourth (Majority)  
Date: March 22, 2018
Docket Number: 94208-1

Justia Opinion Summary: This case required the Washington Supreme Court to consider the "independent source doctrine," a recognized exception to the exclusionary rule under article I, section 7 of the Washington State Constitution. The superior...

Ohio Sec. Ins. Co. v. AXIS Ins. Co. (Majority)  
Date: March 22, 2018
Docket Number: 94677-9

Justia Opinion Summary: The United States District Court for the Western District of Washington certified a question of Washington law to the Washington Supreme Court. The underlying case involved an insurance coverage dispute between two autho...

Futureselect Portfolio Mgmt., Inc. v. Tremont Grp. Holdings, Inc. (Majority)  
Date: March 15, 2018
Docket Number: 93824-5

Justia Opinion Summary: FutureSelect Portfolio Management Inc. sought to challenge a 2011 Superior Court order granting KPMG LLP's motion to compel arbitration. Lead plaintiff FutureSelect was headquartered in Washington state, and managed a nu...

Washington v. Cornwell (Majority and Dissent)  
Date: March 15, 2018
Docket Number: 93845-8

Justia Opinion Summary: The issue in this case was whether there were any limitations on the scope of a community corrections officer’s search. “It is well established that an individual on probation has a reduced expectation of privacy, and a...

Washington v. Vanhollebeke (Majority)  
Date: March 15, 2018
Docket Number: 94054-1

Justia Opinion Summary: Justin Vanhollebeke drove his truck the wrong way down a one-way street. An officer stopped him. Vanhollebeke ignored the officer's command to stay in the vehicle, got out and locked the vehicle behind him, left a punche...

In re Estate of Rathbone (Majority)  
Date: March 15, 2018
Docket Number: 94356-7

Justia Opinion Summary: This case involved the issue of whether and to what extent superior courts have authority to intervene in the administration of nonintervention estates. Todd Rathbone was named personal representative of his mother's est...

Washington v. Fletcher (Majority)  
Date: March 8, 2018
Docket Number: 94329-0

Justia Opinion Summary: Charles Fletcher was found not guilty by reason of insanity of assault and related crimes in 2013. The judge ordered him committed. Fletcher initiated the process for obtaining release in 2015 by mailing a motion for rel...

In re Det. of Herrick (Majority)  
Date: March 8, 2018
Docket Number: 94495-4

Justia Opinion Summary: Petitioner Donald Herrick was an alleged sexually violent predator (SVP) awaiting trial after stipulating to probable cause and agreeing to be evaluated by the State's expert. At the request of the State's expert and pur...

In re Pers. Restraint of Phelps (Majority and Concurrence)  
Date: February 22, 2018
Docket Number: 94185-8

Justia Opinion Summary: The issue before the Washington Supreme Court centered on whether a prosecutor's closing argument asserting a victim was "groomed" by the defendant, where testimony of grooming was disallowed during trial, constituted fl...

John Doe G v. Dept. of Corr. (Majority, Concurrence and Dissent)  
Date: February 22, 2018
Docket Number: 94203-0

Justia Opinion Summary: Pro se petitioner Donna Zink and the Washington Department of Corrections (DOC) sought reversal of a published Court of Appeals decision, which affirmed the trial court's summary judgment ruling in favor of respondents,...

Washington v. Lopez (Majority and Dissent)  
Date: February 15, 2018
Docket Number: 94418-1

Justia Opinion Summary: The trial court found that Oscar Lopez's lawyer was "fairly obvious[ly]" "severely handicapped" by depression during the pretrial and trial phases of Lopez's case. That finding was supported by the trial court's own obse...

In re Pers. Restraint of Arnold (Majority)  
Date: February 15, 2018
Docket Number: 94544-6

Justia Opinion Summary: Eddie Arnold challenged his conviction for failure to register as a sex offender, in violation of ROW 9A.44.130. He argued he was not required to register because his 1988 conviction of statutory rape in violation of a s...

In re Pers. Restraint of Fero (Majority, Concurrence, Dissent and Concurrence/Dissent)  
Date: February 1, 2018
Docket Number: 92975-1

Justia Opinion Summary: In 2002, Heidi Fero called emergency responders seeking help for an injured child. Minutes later, paramedics arrived and found fifteen-month-old Brynn Ackley unconscious and limp, with bruising on her face. Brynn's treat...

Washington v. Buckman (Majority and Dissent)  
Date: February 1, 2018
Docket Number: 93545-9

Justia Opinion Summary: Brian Buckman pleaded guilty to second degree rape of a child. After sentencing, Buckman learned that he had been misinformed of the sentencing range that applied to him. Based on this misinformation, Buckman sought to w...

Washington v. Petterson (Majority)  
Date: February 1, 2018
Docket Number: 94439-3

Justia Opinion Summary: Erik Petterson has been serving a term of community custody under a special sex offender sentencing alternative (SSOSA) for over 15 years. After Petterson successfully completed treatment, the court removed most of his c...

Sprague v. Spokane Valley Fire Dep't (Majority, Concurrence and Dissent)  
Date: January 25, 2018
Docket Number: 93800-8

Justia Opinion Summary: The Spokane Valley Fire Department (SVFD) fired Captain Jonathan Sprague for persistently including religious comments in e-mails that he sent through the SVFD computer systems and items he posted on the SVFD electronic...

In re Pers. Restraint of Sandoval (Majority, Concurrence and Dissent)  
Date: January 18, 2018
Docket Number: 92412-1

Justia Opinion Summary: Petitioner Eduardo Sandoval was a member of the Tacoma-based Eastside Lokotes Surefios (ELS) gang. In a stolen van, ELS members pulled up to a car and fired no less than 12 gunshots from at least two firearms into the pa...

Inland Empire Dry Wall Supply Co. v. W. Sur. Co. (Majority)  
Date: January 18, 2018
Docket Number: 94118-1

Justia Opinion Summary: This case involved an issue of whether the purchaser of a lien release bond was an indispensable party in an action under chapter 60.04 RCW by a lien claimant against the surety of the release bond. Inland Empire Dry Wal...

Roake v. Delman (Majority, Concurrence and Dissent)  
Date: January 11, 2018
Docket Number: 93456-8

Justia Opinion Summary: This case involved interpretation of chapter 7.90 RCW, the Sexual Assault Protection Order (SAPO) Act. In this case, the commissioner granted petitioner Megan Roake's temporary SAPO, and it was served. Respondent Maxwell...

In re Pers. Restraint of Serano Salinas (Majority, Concurrence and Dissent)  
Date: January 4, 2018
Docket Number: 91905-4

Justia Opinion Summary: The issue this case presented for the Washington Supreme Court’s review centered on whether the invited error doctrine applied to Hector Serano Salinas's personal restraint petition (PRP), which argued for the first time...

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