Washington Supreme Court Decisions 2019
Date: December 26, 2019
Docket Number: 96884-5
Justia Opinion Summary: Because respondent David Brown did not signal continuously while his vehicle turned left through an intersection, he violated RCW 46.61.305. State patrol officers observed Brown turn right onto a four-lane street. While…
Date: December 19, 2019
Docket Number: 95441-1
Justia Opinion Summary: Between January 25 and July 26, 2017, members of the news media submitted 163 ublic Records Act ("PRA") requests to the Washington senate, house of representatives and the Washington legislature as a whole as well as to…
Date: December 19, 2019
Docket Number: 96952-3
Justia Opinion Summary: A wine bottle shattered in Rolfe Godfrey's hand while he was working as a bartender, injuring him. He filed a products liability suit against the winery, St. Michelle Wine Estates, Ltd. and the bottle manufacturer,…
Date: December 19, 2019
Docket Number: 97329-6
Justia Opinion Summary: The clerk of DivisionTwo of the Washington Court of Appeals imposed a $200 fine on attorney Travis Stearns for seeking an extension of time to file an opening brief in an indigent criminal appeal. Stearns' client,…
Date: December 12, 2019
Docket Number: 95937-4
Justia Opinion Summary: In 2015, Edward Kilduff filed a two-part Public Records Act ("PRA") request stemming from a wetlands classification dispute a subsequent investigation into improper government action ("IGA"). The public records clerk…
Date: December 12, 2019
Docket Number: 96747-4
Justia Opinion Summary: Washington charged Ken Wu with "felony DUI," violating an ignition interlock requirement, and first-degree driving with a suspended license. The felony DUI charge was based on Wu having, within 10 years of his present…
Date: December 12, 2019
Docket Number: 97071-8
Justia Opinion Summary: The issue this case presented for the Washington Supreme Court centered on whether a superior court could conduct preliminary appearance hearings for misdemeanors and gross misdemeanors originally filed in district…
Date: December 12, 2019
Docket Number: 97209-5
Justia Opinion Summary: Brandon Cate was found guilty by jury of burglary, theft and malicious mischief. At sentencing, the State calculated Cate's offender score as 9+, the highest category, based on numerous alleged prior convictions. In…
Date: December 5, 2019
Docket Number: 95396-1
Justia Opinion Summary: Shelly Arndt was convicted by jury for first degree aggravated murder and first degree arson. She received a life sentence without the possibility of parole. Arndt appealed, arguing her Sixth Amendment right to present a…
Date: December 5, 2019
Docket Number: 96360-6
Justia Opinion Summary: King County, Washington enacted a first-of-its-kind ordinance that required electric, gas, water and sewer utilities to pay for the right to use the county's rights-of-way (franchise). The associated planned charge was…
Date: November 27, 2019
Docket Number: 96931-1
Justia Opinion Summary: Krista Peoples and Joel Stedman filed Washington Consumer Protection Act ("CPA") suits against their insurance carriers for violating Washington claims-handling regulations and wrongfully denying them personal injury…
Date: November 21, 2019
Docket Number: 96527-7
Justia Opinion Summary: Gildardo Vargas was working on a construction project when a concrete-carrying hose hit him in the head, and caused a severe traumatic brain injury. Vargas and his family sued the general contractor, the concrete…
Date: November 21, 2019
Docket Number: 96599-4
Justia Opinion Summary: In late 2015, two men severely beat and killed 89-year-old Robert Hood. The two men, respondents Robert Pry and Robert Davis, forced their way into Hood's home, tied him up, and beat and robbed him. Pry and Davis…
Date: November 14, 2019
Docket Number: 95813-1
Justia Opinion Summary: Broadly speaking, Seattle's First-In-Time ("FIT") rule requires Seattle landlords when seeking to fill vacant tenancies to provide notice of rental criteria, screen all completed applications in chronological order, and…
Date: November 14, 2019
Docket Number: 96694-0
Justia Opinion Summary: First Student, Inc., a school bus contractor, sought to reverse a Court of Appeals decision to affirm dismissal of its business and occupation ("B&O") tax refund action. At issue was whether First Student's transporting…
Date: November 14, 2019
Docket Number: 96817-9
Date: November 7, 2019
Docket Number: 96090-9
Justia Opinion Summary: Petitioner Bisir Muhammad was convicted by jury of first-degree felony murder and first degree rape. His victim, 69 years old at the time of her death; the jury found Muhammad knew or should have known his victim was…
Date: November 7, 2019
Docket Number: 96397-5
Justia Opinion Summary: This case began with the theft of a backpack from a vehicle: the backpack contained cash and checks obtained for a school fundraiser. Several days after the vehicle prowl, defendant Jose Barboza-Cortes was video recorded…
Date: October 31, 2019
Docket Number: 96538-2
Justia Opinion Summary: In May 2013, a clear and sunny day, William Scott, a driver for Mullen Trucking 2005 Ltd., was transporting an oversize load on Interstate 5 from Canada to Vancouver, Washington. Scott's truck had a pilot vehicle driven…
Date: October 31, 2019
Docket Number: 96578-1
Justia Opinion Summary: Respondent Evergreen Freedom Foundation (Foundation) filed a Public Records Act (PRA) request for the names and addresses of individuals who provided subsidized childcare under Washington's Working Connections Child Care…
Date: October 31, 2019
Docket Number: 96765-2
Justia Opinion Summary: Arthur West appealed a judgment finding the charges in his petition to recall Washington Governor Jay Inslee to be legally and factually insufficient to submit to voters. In his recall petition, West alleged the governor…
Date: October 24, 2019
Docket Number: 95262-1
Justia Opinion Summary: In 2016, the Freedom Foundation sent Public Records Act (PRA) requests to several state agencies seeking disclosure of records for union-represented employees, including their full names, associated birth dates, and…
Date: October 17, 2019
Docket Number: 96183-2
Justia Opinion Summary: Sergeant Paul Snyder stopped a jeep driven by defendant Joel Villela for speeding late one night in January 2018. The officer smelled alcohol on defendant's breath, and after defendant declined a roadside sobriety test,…
Date: October 17, 2019
Docket Number: 96189-1
Justia Opinion Summary: Michael Weaver, a former City of Everett firefighter, contracted melanoma. He filed a temporary disability claim, which the Washington Department of Labor & Industries (Department) denied, finding the melanoma was not…
Date: October 10, 2019
Docket Number: 96164-6
Justia Opinion Summary: Petitioner Ron Gipson challenged Snohomish County’s response to a records request under Washington’s Public Records Act. Gipson requested records that related to allegations of workplace sexual harassment against him. At…
Date: October 10, 2019
Docket Number: 96217-1
Justia Opinion Summary: Dean Imokawa’s truck collided with another vehicle during a lane change, propelling him into oncoming traffic and causing another collision with another vehicle. The State charged Imokawa with vehicular homicide and…
Date: October 10, 2019
Docket Number: 96500-5
Justia Opinion Summary: The United States District Court for the Ninth Circuit certified a question of law to the Washington Supreme Court. Specifically, the federal appellate court asked whether an insurance company was bound by its agent’s…
Date: October 10, 2019
Docket Number: 96643-5
Justia Opinion Summary: Matthew Schwartz pled guilty to failure to register as a sex offender. At sentencing, the State and Schwartz disputed whether two of Schwartz’s prior class C felony convictions should not have been included in his…
Date: October 3, 2019
Docket Number: 95420-8
Justia Opinion Summary: This case stemmed from the 2007-2009 financial crisis and recession. In 2005 and 2007, Federal Home Loan Bank of Seattle purchased for residential mortgage-backed securities (RMBS) from investment bank Credit Suisse.…
Date: October 3, 2019
Docket Number: 95449-6
Justia Opinion Summary: John and Michelle Strauss challenged the Court of Appeals decision affirming summary dismissal of their action against Premera Blue Cross, which arose out of the denial of coverage for proton beam therapy (PBT) to treat…
Date: October 3, 2019
Docket Number: 95542-5
Justia Opinion Summary: In a moot case of substantial and continuing public interest, a juvenile offender challenges whether her need for treatment was an appropriate basis for imposing a manifest justice disposition. B.O.J. pled guilty to two…
Date: October 3, 2019
Docket Number: 95867-0
Justia Opinion Summary: While driving his truck, Moun Keodalah and an uninsured motorcyclist collided. After Keodalah stopped at a stop sign and began to cross the street, the motorcyclist struck Keodalah's truck. The collision killed the…
Date: September 26, 2019
Docket Number: 96069-1
Justia Opinion Summary: In January 2016, Michael Peck and Clark Tellvik were seen on a security camera, burglarizing a home. The owner of the home was demonstrating her home's new surveillance system to a friend on her phone when she saw the…
Date: September 26, 2019
Docket Number: 96214-6
Justia Opinion Summary: Pepper and Clarice Kirkendoll hired loggers to harvest their trees. But Pepper Kirkendoll misrepresented the boundaries of his and Clarice's land, and the loggers harvested trees belonging to the neighbors, Jerry Porter…
Date: September 26, 2019
Docket Number: 96286-3
Justia Opinion Summary: In 2015, Petitioner Randall Hoffman submitted a public records request to the Kittitas County Sheriff’s Office seeking police reports referencing an individual, Erin Schnebly. The clerk at the sheriff’s office did not…
Date: September 26, 2019
Docket Number: 96313-4
Justia Opinion Summary: Frank Wallmuller pleaded guilty in 2014 to first degree rape of a child and sexual exploitation of a minor. He successfully appealed on grounds of sentencing error and imposition of improper community custody conditions,…
Date: September 19, 2019
Docket Number: 96304-5
Justia Opinion Summary: The federal district court for the Western District of Washington certified a question of state law to the Washington Supreme Court. Money Mailer, LLC and Wade Brewer entered into a franchisor/franchisee relationship. In…
Date: September 19, 2019
Docket Number: 96613-3
Justia Opinion Summary: This case concerned whether the city of Tacoma (City) could be held liable for damages for imposing an unlawful condition on a building permit. The Church of the Divine submitted an application to the City to build a…
Date: September 12, 2019
Docket Number: 95858-1
Justia Opinion Summary: Police were dispatched to petitioner Michael Boisselle's home after two anonymous 911 calls reported that a man named Mike shot and possibly killed someone at the residence. While responding to the calls, officers…
Date: September 12, 2019
Docket Number: 96354-1
Justia Opinion Summary: A.M. (juvenile) appealed an unpublished Court of Appeals decision affirming her conviction for possession of a controlled substance. She argued: (1) it was manifest constitutional error for the trial court to admit a…
Date: September 12, 2019
Docket Number: 96839-0
Justia Opinion Summary: A recall petition was filed against the Mayor and three Cathlamet council members; charges stemmed from Cathlamet’s purchase of a parcel of property at 20 Butler street. The petition alleged a violation of the Washington…
Date: September 12, 2019
Docket Number: 97305-9
Justia Opinion Summary: Two Tonasket voters petitioned to recall City Council member Jill Ritter from office. The petition made six allegations relating to improper influence over a police investigation of a relative’s son, improperly reviewing…
Date: September 12, 2019
Docket Number: 97306-7
Justia Opinion Summary: Two Tonasket voters petitioned to recall City Council member Christia “Teagan” Levine from office. The petition alleged Levin committed five violations relating to certain city personnel actions, conspiracy to remove the…
Date: September 5, 2019
Docket Number: 96262-6
Justia Opinion Summary: Petitioner Freedom Foundation filed a public records request for documents relating to union organizing by several University of Washington (UW) faculty members. The UW asked one of the faculty to search his e-mail…
Date: September 5, 2019
Docket Number: 96264-2
Justia Opinion Summary: The federal district court in Washington State certified a question of law to the Washington Supreme Court. Plaintiffs Valerie Sampson and David Raymond (collectively, Sampson) were Washington residents who worked as…
Date: August 22, 2019
Docket Number: 96516-1
Justia Opinion Summary: Group Health Cooperative (GHO) provided health insurance benefits to Nathaniel (Joel) Coon, who suffered a serious fungal infection and amputation following knee surgery at the Everett Clinic (TEC). The Coon family later…
Date: August 15, 2019
Docket Number: 95263-9
Justia Opinion Summary: Four defendants’ cases were consolidated for review by the Washington Supreme Court. In each case, the defendant had been labeled a “persistent offender” under RCW 9.94A.570 and was sentenced. Under the Washington…
Date: August 8, 2019
Docket Number: 95945-5
Justia Opinion Summary: Franklin County Washington was an early adopter of an electronic filing system for superior court cases. The county clerk and the superior court judges largely cooperated with the transition to "Odyssey" and anticipated…
Date: August 8, 2019
Docket Number: 96653-2
Justia Opinion Summary: In 2014, Matthew McCarthy approached a stranger's home under a mistaken belief that he would find his ex-wife inside. He forced his way in and pushed the occupant against the wall. He returned twice the next evening: the…
Date: August 1, 2019
Docket Number: 95971-4
Justia Opinion Summary: Widower, 82-year-old Leroy Bagnell met 57-year-old defendant Theresa Scanlan in a bar. At first she was introduced to Bagnell's adult children as a friend, later he began referring to her as his girlfriend. In 2014,…
Date: July 25, 2019
Docket Number: 96063-1
Justia Opinion Summary: At issue was whether the Washington State Housing Finance Commission (“Commission”) had standing to challenge the National Homebuyers Fund’s (“NHF”) authority to provide down payment assistance to Washington residents in…
Date: July 25, 2019
Docket Number: 96200-6
Justia Opinion Summary: Teresa Banowsky filed a claim for medical malpractice in Washington district court on the last day of the statute of limitations, seeking over $100,000. District courts could exercise jurisdiction over medical…
Date: July 18, 2019
Docket Number: 95531-0
Justia Opinion Summary: Jared Karstetter worked for labor organizations representing King County, Washington corrections officers for over 20 years. In 1987, Karstetter began working directly for the King County Corrections Officers Guild…
Date: July 18, 2019
Docket Number: 95920-0
Justia Opinion Summary: A jury convicted petitioner Tomas Berhe of murder and assault. After the trial, juror 6 came forward, alleging that racial bias during jury deliberations influenced the verdict. The trial court denied Berhe's motion for…
Date: July 18, 2019
Docket Number: 96325-8
Justia Opinion Summary: Brendan Taylor was charged with felony violation of a no-contact order. Before trial, Taylor offered to stipulate to the fact that a domestic violence no-contact order was in place, and that he knew of the order. The…
Date: July 11, 2019
Docket Number: 95947-1
Justia Opinion Summary: A drunk driver hit and disabled another vehicle, then fled. A Good Samaritan stopped to help the struck vehicle; while helping, the Good Samaritan was fatally injured when a second vehicle did not see the disabled…
Date: July 11, 2019
Docket Number: 96335-5
Justia Opinion Summary: The United States Court of Appeals for the Ninth Circuit certified a question of law to the Washington Supreme Court. The Washington Law Against Discrimination (WLAD) generally prohibits employers from discriminating…
Date: July 11, 2019
Docket Number: 96660-5
Justia Opinion Summary: Seattle voters approved the "Democracy Voucher Program," intending to increase civic engagement. Recipients could give their vouchers to qualified municipal candidates, who could redeem those vouchers for campaign…
Date: July 3, 2019
Docket Number: 96185-9
Justia Opinion Summary: At issue in this case was whether a first-party insurer, after obtaining a partial recovery in a subrogation action, had to reimburse its fault-free insureds for the full amount of their deductibles before any portion of…
Date: July 3, 2019
Docket Number: 96490-4
Justia Opinion Summary: Petitioner Shacon Barbee "was a pimp who made money from prostitutes working under his supervision." He was convicted of multiple crimes, including the sexual abuse of minors, leading organized crime, and theft. Barbee…
Date: June 13, 2019
Docket Number: 95062-8
Justia Opinion Summary: Cesar Beltran-Serrano, mentally ill and homeless, was shot multiple times by a Tacoma, Washington Police Officer, Michel Volk. Beltran-Serrano survived the shooting, and through a guardian ad liter, filed suit for…
Date: June 6, 2019
Docket Number: 91615-2
Justia Opinion Summary: The federal Supreme Court remanded a case involving Washington law to the Washington Supreme Court. The underlying matter involved Washington’s anti-discrimination law, RCW 49.60.215(1), banning discrimination in “public…
Date: May 30, 2019
Docket Number: 96434-3
Justia Opinion Summary: A juvenile challenged his suspended manifest injustice disposition. The Court of Appeals dismissed his claim on ripeness grounds; the juvenile disagreed his claim was not yet ripe. Furthermore, the juvenile argued the…
Date: May 23, 2019
Docket Number: 95347-3
Justia Opinion Summary: Appellants Levi Guerra, Esther John, and Peter Chiafalo appealed a superior court decision upholding the imposition of a $1,000 file for failing to cast their votes in the United States Electoral College in accordance…
Date: May 23, 2019
Docket Number: 95827-1
Justia Opinion Summary: On October 30, 2013, Consuelo Prieto Mariscal was driving her minivan in Pasco, Washington, with her daughter. There were vehicles, including an orange, pickup truck and a van, on the right side of the road. As Prieto…
Date: May 16, 2019
Docket Number: 95905-6
Justia Opinion Summary: Leonel Romero-Ochoa was convicted by jury of burglary, unlawful imprisonment, assault, and multiple counts of rap all arising from an incident in which he broke into a woman's home, beat her, and raped her twice. At…
Date: May 16, 2019
Docket Number: 96017-8
Justia Opinion Summary: David Morgan was convicted by jury of first degree assault, attempted murder and arson. A bloodstain pattern analysis performed on his clothing revealed he was in close proximity to the victim when she suffered her…
Date: May 9, 2019
Docket Number: 95394-5
Justia Opinion Summary: Time Rikat Meippen was a juvenile when he was convicted in adult court of first degree assault, first degree robbery, and second degree unlawful possession of a firearm. The trial court sentenced Meippen to the top of…
Date: May 9, 2019
Docket Number: 96072-1
Justia Opinion Summary: At issue in this case was whether the Snohomish County, Washington sheriff was required to issue a concealed pistol license (CPL) to an individual whose juvenile record included adjudications for class A felonies. The…
Date: May 2, 2019
Docket Number: 95734-7
Justia Opinion Summary: Ronald Brown appealed an unpublished Court of Appeals decision affirming his exceptional sentence for two counts of first degree robbery and one count of first degree burglary. At his first sentencing hearing, the trial…
Date: April 25, 2019
Docket Number: 95959-5
Justia Opinion Summary: The Yakima County clerk was ordered by a superior court judge to procure a supplemental bond to maintain her elected office. The court warned that failure to comply would result in the court declaring the office vacant.…
Date: April 18, 2019
Docket Number: 95528-0
Justia Opinion Summary: Washington charged Michael Burns with second degree assault, domestic violence, and felony violation of a no-contact order, for strangling Christina Jackson while the no-contact order was in effect. The appeal presented…
Date: April 18, 2019
Docket Number: 95707-0
Justia Opinion Summary: A bystander called 911 about a loud, late-night argument in a home. Police, concerned about domestic violence, went to investigate. Officers heard the argument and demanded entry. Petitioner Solomon McLemore and his…
Date: April 18, 2019
Docket Number: 95794-1
Justia Opinion Summary: In 2016, Washington charged Jason Catling with two counts of delivery of heroin. Pursuant to a plea deal, Catling pleaded guilty to one count in exchange for the State's agreement to dismiss the other, and to recommend a…
Date: April 18, 2019
Docket Number: 96035-6
Justia Opinion Summary: Marc McKee was convicted by jury on four counts of possessing depictions of minors engaged in sexually explicit conduct. The Court of Appeals reversed those convictions on the ground that the warrant police used was…
Date: April 11, 2019
Docket Number: 96187-5
Justia Opinion Summary: The Ninth Circuit Court of Appeals certified a question of Washington law to the Washington Supreme Court concerning premises liability. Shannon Adamson, an employee of the Alaska Marine Highway System (AMHS), fell…
Date: April 4, 2019
Docket Number: 95814-9
Justia Opinion Summary: In 1992 when Jeremiah Gilbert was a juvenile, he was charged and convicted of aggravated murder, premeditated murder, and multiple other crimes. He was sentenced to life without parole for the aggravated murder along…
Date: March 28, 2019
Docket Number: 95575-1
Justia Opinion Summary: Petitioner Kasey Harmon, a 53-year-old woman in failing health, was evicted from her home following a default judgment and writ of restitution. During the eviction, Harmon obtained an ex parte order staying enforcement…
Date: March 21, 2019
Docket Number: 95173-0
Justia Opinion Summary: L.M. suffered a severe injury during birth and subsequently sued Laura Hamilton, the midwife who delivered him, for negligence. Hamilton prevailed at trial. On appeal, L.M. argued the trial court erred by admitting…
Date: March 14, 2019
Docket Number: 95479-8
Justia Opinion Summary: This case centered on contempt sanctions imposed against the Department of Social and Health Services (DSHS) for failing to timely complete competency evaluations for criminal defendants. Specifically, the issue reduced…
Date: March 14, 2019
Docket Number: 95586-7
Justia Opinion Summary: In Washington State, cities, towns, and counties are empowered to enact criminal codes, employ law enforcement officers, and operate jails. Currently, cities, towns, and counties were "responsible for the prosecution,…
Date: February 21, 2019
Docket Number: 95024-5
Justia Opinion Summary: In 1998, petitioner Christal Fields pled guilty to attempted second degree robbery for trying to snatch a woman's purse. As a result, Fields was permanently disqualified from working at any licensed childcare facility in…
Date: February 21, 2019
Docket Number: 95115-2
Justia Opinion Summary: Diana Merritt was convicted of ten counts of mortgage fraud in 2015. The actual crimes were committed between 2008 and 2009, but law enforcement did not discover the extent of those crimes until 2014. Merritt argued the…
Date: February 14, 2019
Docket Number: 95635-9
Justia Opinion Summary: Michael Gehrke and Christopher Pineyro had a history of conflict; Pineyro died after being stabbed in a streetfight with Gehrke. When police arrived, Gehrke admitted to striking Pineyro, claiming self-defense. Gehrke was…
Date: February 14, 2019
Docket Number: 95992-7
Justia Opinion Summary: James Yancey, a military veteran with no prior criminal history, was caught selling drugs in a school zone. He pled guilty, but asked the trial court for a lenient sentence. The State objected for a drug offender…
Date: February 7, 2019
Docket Number: 95632-4
Justia Opinion Summary: In 2015, Derek Salte came home to find an unfamiliar truck parked in his driveway, with a man, Petitioner John Mayfield, asleep in the driver's seat. After being asked to leave, the truck would not move. Mayfield got out…
Date: January 31, 2019
Docket Number: 95015-6
Justia Opinion Summary: Thomas Clark, M.D., the Pierce County, Washington medical examiner, attempted to subpoena a video held by BNSF Railway Company of a fatal train-pedestrian collision. The parties disputed whether Dr. Clark properly began…
Date: January 31, 2019
Docket Number: 95205-1
Justia Opinion Summary: Christopher Floeting alleged a Group Health Cooperative employee repeatedly sexually harassed him while he was seeking medical treatment. He sued Group Health for the unwelcome and offensive sexual conduct under the…
Date: January 10, 2019
Docket Number: 95281-7
Justia Opinion Summary: This case involved statutory interpretation concerning application of the reporting requirements contained in the Washington Fair Campaign Practices Act (FCPA), chapter 42.17A RCW. The specific issue presented was how…
Date: January 10, 2019
Docket Number: 95551-4
Justia Opinion Summary: Jennifer Dreewes was the victim of property theft when a laptop, an iPhone, checks, credit cards, and other items were stolen from her truck. She reported the theft to law enforcement. After one of her credit cards was…
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