Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
26280-1-II
|
Riley v. Andres
Sufficient impeaching evidence was presented to avoid summary judgment in adverse possession action. |
Real Property |
|
Aug. 5, 2001 | |
45408-1-I
|
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 | |
25510-3-II
|
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 | |
46706-9
|
Griswold v. Kilpatrick
Attorney's delay in negotiating medical malpractice settlement is deemed too speculative. |
Civil Procedure |
|
Aug. 5, 2001 | |
19322-5-III
|
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 | |
00-1580
|
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 | |
00-1560
|
In re Tredinnick
Debt arising from prepetition agreement to perform postpetition legal services is nondischargeable. |
Bankruptcy |
|
Aug. 5, 2001 | |
24802-6-II
|
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 | |
25242-2-II
|
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 | |
47102-3-I
|
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 | |
26150-2-II
|
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 | |
17721-1-III
|
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 | |
47149-0-I
|
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 | |
00-1124
|
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 | |
19458-2-III
|
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 | |
69876-7
|
Personal Restraint of Call
Defendant did not invite offender-score error because he made plea agreement. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
18874-4-III
|
State v. Morreira
Sentence improperly took into account facts establishing more serious crime. |
Criminal Law and Procedure |
|
Aug. 5, 2001 | |
19347-1-III
|
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 | |
69218-1
|
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 | |
19546-5-III
|
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 | |
69521-1
|
Hadley v. Maxwell
Conviction for minor traffic infraction cannot be used against defendant in personal injury lawsuit. |
Civil Procedure |
|
Aug. 5, 2001 | |
00-56926
|
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 | |
18976-7-III
|
Okamoto v. State of Washington Employment Security Dept.
Worker cannot re-establish eligibility for unemployment benefits through self-employment. |
Employment Law |
|
Aug. 5, 2001 | |
19535-0-III
|
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 | |
19737-9-III
|
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 | |
23799-7-II
|
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 | |
26046-8-II
|
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 | |
26172-3-II
|
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 | |
24533-7-II
|
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 | |
25332-1-II
|
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 |