| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
24365-2
|
State v. Moses
Defendant may be prosecuted by both State and tribe for offense committed outside of tribe's territory. |
Native American Affairs |
|
May 3, 2001 | |
|
24539-6-II
|
State v. Smith
Routine court congestion isn't unavoidable or unforseeable, as such it is insufficient cause to extend trial date beyond requirement for speedy trial. |
Criminal Law and Procedure |
|
May 3, 2001 | |
|
24711-9
|
Danzer v. Dept. of Labor and Industries
Agency's failure to satisfy statute of limitations does not eliminate safety citation against employer. |
Administrative Agencies |
|
May 3, 2001 | |
|
23733-4
|
Pulich v. Dame
Plaintiff who prevails before arbitrator, but loses at trial, cannot challenge trial judgment based on failure to file proof of service. |
Civil Procedure |
|
May 2, 2001 | |
|
23660-5-II
|
City of Spokane & Wheelabrator Spokane v. Dl & i
Work to maintain privately operated city facility is public work and subject to statutory prevailing wage requirements. |
Government |
|
May 2, 2001 | |
|
23780-6
|
Nielson v. Eisenhower & Carlson
In legal malpractice action, trial court properly applies 'but for' test to proximate cause element. |
Civil Procedure |
|
May 2, 2001 | |
|
23757-1
|
State v. Bottrell
Evidence of post traumatic stress disorder should have been admitted to show defendant did not have intent to commit murder. |
Criminal Law and Procedure |
|
May 2, 2001 | |
|
24083-1
|
Sunderland v. Allstate Indemnity Co.
Messenger's sworn attestation is not required to prove service by delivery. |
Civil Procedure |
|
May 2, 2001 | |
|
23783-1-II
|
State v. Pineda
Manslaughter charge dismissed when prosecution fails to prove that a crime was committed. |
Criminal Law and Procedure |
|
May 2, 2001 | |
|
23927-2-II
|
Shellenbarger v. Brigman
Failure to inform patient of early signs of lung disease establishes breach of duty and proximate cause in medical malpractice action. |
Torts |
|
May 2, 2001 | |
|
24242-7
|
Williams v. Thurston County
Plaintiff must establish special relationship exception to public duty doctrine to pursue negligence action against county. |
Torts |
|
May 2, 2001 | |
|
24317-2
|
Hildahl v. Bringolf
Individual entitled to immunity under Industrial Insurance Act when that individual is not worker's employer within the meaning of the Act. |
Employment Law |
|
May 2, 2001 | |
|
24265-6-II
|
State v. Green
Information charging bail jumping doesn't satisfy due process when document only references underlying offense by cause number. |
Criminal Law and Procedure |
|
May 2, 2001 | |
|
24219-2
|
Tumwater Police Officers Guild v. Employment Security Dept.
Police officers are not eligible to participate in firemen's retirement plan merely because city had paid contributions on their behalf. |
Employment Law |
|
May 2, 2001 | |
|
24304-1
|
State v. Porter
Search of vehicle without warrant conducted some distance from location of arrest violates Washington Constitution. |
Criminal Law and Procedure |
|
May 2, 2001 | |
|
24223-1-II
|
Litowitz v. Litowitz
Contract with egg donor does not entitle wife to control embryos against husband's wishes after their divorce. |
Family Law |
|
May 2, 2001 | |
|
24237-1
|
Washington v. Williams
State makes comments that effectively advocate exceptional sentence, thereby violating plea agreement to recommend sentence within standard range. |
Criminal Law and Procedure |
|
May 2, 2001 | |
|
24226-5
|
Rose v. Fritz
Plaintiff in wrongful death action who was not appointed as personal representative must show excusable neglect to overturn final judgment. |
Torts |
|
May 2, 2001 | |
|
24275-3-II
|
State v. Johnson
Police officer's objectively reasonable belief that someone in home may need assistance is sufficient basis for entry into home without warrant. |
Criminal Law and Procedure |
|
May 2, 2001 | |
|
24279-6-II
|
State v. Johnson
Defendant's consent to search was valid even though police officers already had search warrant. |
Criminal Law and Procedure |
|
May 2, 2001 | |
|
23111-5
|
Templeton v. Daffern
Social host who permits minor to consume on host's premises alcohol obtained elsewhere doesn't own minor common law duty of reasonable care. |
Torts |
|
May 1, 2001 | |
|
22292-2
|
State v. Long
When conduct violates more than one criminal statute, it is within prosecution's discretion to choose which statute to charge. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
22885-8
|
State v. Phillips
Information charging accused with first degree robbery adequately conveyed that accused was charged with using force to obtain property of another. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
23208-1
|
Butko v. Stewart Title Co. of Washington Inc.
Summary judgment improper where factual issues exist with respect to conversion claims on real estate loans and transactions. |
Torts |
|
May 1, 2001 | |
|
22766-5
|
State v. Reyes
Drug evidence inadmissable where state fails to show that officers would have inevitably discovered drugs during warrantless search. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
23420-3-II
|
First American Title Insurance Co. v. Dept. of Revenue
Title insurer must pay business and occupation tax only on portion of customer premiums related to insurance. |
Taxation |
|
May 1, 2001 | |
|
21677-9
|
State v. Bauer
Search warrant based on informant's statements is legally valid where informant is reliable and has personal knowledge of accused's criminal activities. |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
00-3293
|
Hemby v. Hannigan
Order |
Criminal Law and Procedure |
|
May 1, 2001 | |
|
00-203
|
U.S. v. Cleveland Indians Baseball Co.
Baseball team that owes back wages is subject to tax rates for year they are paid, not year they were due. |
Taxation |
|
May 1, 2001 | |
|
99-0388
|
Philadelphia Indemnity Insurance Co. v. Barerra
Exclusion provision of car rental insurance agreement, contrary to ordinary customer's reasonable expectations, is unenforceable. |
Insurance |
|
May 1, 2001 |
