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Riley v. Andres
Sufficient impeaching evidence was presented to avoid summary judgment in adverse possession action.
Real Property Aug. 5, 2001
State v. Argueta
Defendant cannot be convicted of eluding police vehicle that was not appropriate marked with insignia.
Criminal Law and Procedure Aug. 5, 2001
State v. Leavitt
Court's failure to inform defendant of details of firearm-possession prohibition violated defendant's due process rights regarding subsequent possession convictions.
Criminal Law and Procedure Aug. 5, 2001
Griswold v. Kilpatrick
Attorney's delay in negotiating medical malpractice settlement is deemed too speculative.
Civil Procedure Aug. 5, 2001
State v. Scherz
Threatened use of deadly weapon unaccompanied by physical manifestation of presence of weapon is second-degree robbery.
Criminal Law and Procedure Aug. 5, 2001
Nghiem v. Ghazvini (In re Nghiem)
Creditors, who orally postponed foreclosure sale during pendency of bankruptcy case, aren't required to give additional notice of sale after case dismissed.
Bankruptcy Aug. 5, 2001
In re Tredinnick
Debt arising from prepetition agreement to perform postpetition legal services is nondischargeable.
Bankruptcy Aug. 5, 2001
State v. Johnston
Evidence obtained from warrantless search of arrestee's car should have been suppressed because no warrant requirement exception applied.
Criminal Law and Procedure Aug. 5, 2001
State v. Spandel
Trial court doesn't err in imposing firearm and nonfirearm deadly weapon sentencing enhancements consecutively.
Criminal Law and Procedure Aug. 5, 2001
United Savings & Loan v. Pallis
Bank is not entitled to foreclose on property because it made loan during dispute over ownership of property.
Real Property Aug. 5, 2001
State v. Summers
Defendant's challenge to jury instructions, charging information, sufficiency of the evidence, and his ineffective assistance of counsel claim all fail.
Criminal Law and Procedure Aug. 5, 2001
State v. Munguia
Court made proper evidentiary rulings, no prosecutorial misconduct occurred and selective prosecution claim cannot first be raised on appeal.
Criminal Law and Procedure Aug. 5, 2001
Leibbrand v. Employment Security Department of the State of Washington
Statute precluding claimant for unemployment beneftis from arguing, as a defense to disqualifcition that alcoholism caused misconduct, is constitutiaonl.
Employment Law Aug. 5, 2001
U.S. v. Klein (In re Chapman)
Government forfeiture of property for drug use is not subject to automatic stay from bankruptcy proceeding.
Bankruptcy Aug. 5, 2001
Hauber v. County of Yakima
Because city firefighter died while on mission as emergency worker, county's liability is limited by statute.
Government Aug. 5, 2001
Personal Restraint of Call
Defendant did not invite offender-score error because he made plea agreement.
Criminal Law and Procedure Aug. 5, 2001
State v. Morreira
Sentence improperly took into account facts establishing more serious crime.
Criminal Law and Procedure Aug. 5, 2001
State v. Bosio
Where State fails to prove blood sample was preserved, conviction for vehicular assault must be reversed.
Criminal Law and Procedure Aug. 5, 2001
First American Title Insurance Co. v. State of Washington Dept. of Revenue
Title insurer must only pay state business and operations tax on portion of premium related to insurance.
Taxation Aug. 5, 2001
Stelter v. Dept. of Labor & Industries
Summary judgment dismissing workers' compensation claim was improper where question remained whether employee consented to employment with intrastate trucking company.
Workers' Compensation Aug. 5, 2001
Hadley v. Maxwell
Conviction for minor traffic infraction cannot be used against defendant in personal injury lawsuit.
Civil Procedure Aug. 5, 2001
Sanford v. Motts
Because success on plaintiff's claim of excessive force will not invalidate her conviction, she may maintain civil rights action.
Civil Rights Aug. 5, 2001
Okamoto v. State of Washington Employment Security Dept.
Worker cannot re-establish eligibility for unemployment benefits through self-employment.
Employment Law Aug. 5, 2001
Kittitas Reclamation District v. Spider Staging Corp.
Statute of limitations for breach implied warranty of fitness begins upon tender of delivery, whether goods are conforming or nonconforming.
Contracts Aug. 5, 2001
Marriage of Wright
When determining present value of pension for dissolution, court is not required to use date spouse first becomes eligible for retirement.
Family Law Aug. 5, 2001
State v. Garcia
Inmate of juvenile center was not entitled to use force against guard because there was no actual threat of imminent injury.
Juveniles Aug. 5, 2001
Weyerhaeuser Co. v. Board of Industrial Insurance Appeals
Standard of comparison to use when analyzing whether worker has prevailed on appeal is worker's original claim, not order appealed from.
Workers' Compensation Aug. 5, 2001
Hatch v. Tacoma Police Dept.
Descendant's wife may only claim pre-death damages in loss of consortium cause of action.
Torts Aug. 5, 2001
Johnson v. Johnson
Divorce agreement to divide value of house does not entitle spouse to money judgment from other spouse.
Family Law Aug. 5, 2001
Battle Ground School District v. Wood
E-mail exchanges among board members qualify as a "meeting" in violation of the Open Public Meetings Act.
Government Aug. 5, 2001