| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
43705-4-I
|
Allen v. Dept. of Labor & Industries
Department of Labor & Industries is authorized to recover payment when industrial injury physician retains excess payments to which he is not entitled. |
Administrative Agencies |
|
Apr. 23, 2001 | |
|
24203-6-II
|
Marler v. Dept. of Retirement Systems
Department of Retirement Services may deny full benefits for untimely filing, even when Department of Labor and Industries finds applicant only partially disabled. |
Labor Law |
|
Apr. 23, 2001 | |
|
44063-2
|
State v. Fire
Trial court must be reversed when it does not remove juror who expresses bias, even though juror was ultimately removed by peremptory challenge. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
43864-6-I
|
State v. Souther
For vehicular homicide conviction, exceptional sentence is reasonable considering defendant's unusually high blood alcohol level and unusually high level of mental culpability. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
42959-1
|
State v. Evans
Trial court may, on its own motion, raise issue of discriminatory purpose of preemptory challenge to excuse juror. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
44576-6-I
|
State v. O.P.
Domestic-violence designation to assault charge does not violate juvenile's right to due process. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
43379-2-I
|
Esparza v. Skyreach Equipment Inc.
Manlift manufacturer may be liable for painter's injury because it failed to warn of tipover danger. |
Torts |
|
Apr. 23, 2001 | |
|
42505-6
|
Nelson v. Schubert
Where there is no actual proof of death, wrongful death action does not ripen until death is established by way of presumption. |
Torts |
|
Apr. 23, 2001 | |
|
43975-8
|
State v. J.A.B.
Juveniles' challenge to probation counselor's report to calculate standard range disposition is waived where issue isn't raised in lower court proceedings. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
42044-5
|
State v. Mitchell
Evidence Rule 702, not prior appellate decision, is primary standard for admissibility of expert testimony regarding diminished capacity. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
42169-7
|
Unisys Corp. v. Senn
Two-year statute of limitations bars action against nonprofit association to guarantee annuity contracts. |
Contracts |
|
Apr. 23, 2001 | |
|
43812-3
|
Rodriguez v. Badgley
Parents have statutory cause of action against law enforcement for negligent investigation into alleged child 'sex ring.' |
Torts |
|
Apr. 23, 2001 | |
|
S095492
|
Guardian North Bay, Inc. v. Superior Court (Myers)
Order |
|
Apr. 23, 2001 | ||
|
19149-4-III
|
State v. Martinez
Police officer testimony of informant's statements at scene of crime aren't sufficiently reliable to fall within hearsay exception. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
44684-3
|
T.C., a Minor
Juvenile court may consider uncharged criminal conduct to determine juvenile's risk of re-offending. |
Juveniles |
|
Apr. 23, 2001 | |
|
43370-9
|
In re Peterson
Defendant's final discharge may be revoked when he did not serve parole outside confines of prison. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
43677-5
|
Mitchell F., a Minor.
Prohibition against application of 'compromise misdemeanor' statute to juveniles does not violate equal protection principles. |
Juveniles |
|
Apr. 23, 2001 | |
|
43923-5
|
Brinkerhoff v. Campbell
Insurer has no duty to disclose policy limits, but must correct claimant's mistaken belief as to policy limit after direct inquiry. |
Insurance |
|
Apr. 23, 2001 | |
|
40120-3-I
|
State v. Morin
Three strikes law, which classifies certain sex offenders as persistent offenders after two strikes, is constitutional. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
41310-4-I
|
State v. Brown
Conviction for first-degree assault requires sufficient evidence of intent. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
41524-7-I and 41310-4-I
|
State v. Harris
First-degree assault conviction requires sufficient evidence of intent. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
44278-3-I
|
Sabey v. Howard Johnson & Co.
Shareholder who suffers separate and distinct injury from other shareholders has right to sue on behalf of injured corporation. |
Corporations |
|
Apr. 23, 2001 | |
|
43259-1-I
|
State v. Irons
Improper justifiable homicide jury instruction constitutes harmful error. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
44566-9
|
Estate of Upton
Deed of trust beneficiary's interest in real property is superior to owner's homestead interest. |
Real Property |
|
Apr. 23, 2001 | |
|
44349-6
|
Fluke Corp. v. Hartford Accident
Indemnification for malicious prosecution and punitive damages is not against Washington public policy. |
Insurance |
|
Apr. 23, 2001 | |
|
41635-9
|
State v. S.H.
Judge may impose sanctions where there is express finding of bad faith in preserving judicial economy. |
Civil Procedure |
|
Apr. 23, 2001 | |
|
44735-1-I
|
State v. Ewing
Insurance company benefits paid to crime victim suffers loss as direct result of crime for which offender must pay restitution. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
41241-8
|
Calof v. Noah
Anti-harassment order does not violate individual's First Amendment rights. |
Constitutional Law |
|
Apr. 23, 2001 | |
|
43735-6
|
City of Kent v. Jenkins
A prior deferred prosecution constitutes a prior offense that can be used to increase a subsequent offense's minimum punishment. |
Criminal Law and Procedure |
|
Apr. 23, 2001 | |
|
43177-3-I
|
Federated Services Insurance Co. v. Estate of Jason
In wrongful death survival action, decedent's estate may not recover damages for loss of probable future inheritance. |
Probate and Trusts |
|
Apr. 23, 2001 |