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HeadsUp for Washington State: Court Opinions From Thursday, April 16, 2015

Thursday, April 16, 2015

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The Supreme Court of Washington filed 2 new opinions and Division Three of the Court of Appeals filed 3 new published opinions on Thursday, April 16, 2015:

Supreme Court:

1. Gamboa v. Clark
No. 90291-7       
(April 16, 2015)
2015 Wash. LEXIS 429 (

2015 Wash. LEXIS 429 (Lexis Advance)


Brief: Since the evidence showed a reasonable inference that the defendants let the plaintiffs use the adjacent road out of neighborly acquiescence, the plaintiffs did not show that their use of the road was adverse to the defendants. Therefore, the plaintiffs may not continue to use the road.

2. Boeing Co. v. Doss
No. 90304-2       
(April 16, 2015)
2015 Wash. LEXIS 430 (

2015 Wash. LEXIS 430 (Lexis Advance)


Brief: A self-insured employer is not entitled to second injury fund relief under RCW 51.16.120(1) for a worker's postpension medical costs.

Court of Appeals:

1. State v. Shemesh
No. 31465-1     
(April 16, 2015)
2015 Wash. App. LEXIS 788 (

2015 Wash. App. LEXIS 788 (Lexis Advance)


Brief: Given the facts, the overall delay in bringing the defendant to trial, while long, was reasonable under the circumstances and thus, not constitutionally excessive. The reasons for the delay were primarily attributable to the defense because the defendant sought numerous continuances to facilitate investigation and preparation of his defense; he did not sufficiently assert his rights; the delay was not sufficiently extraordinary to be presumed prejudicial; and the defendant failed to show particularized prejudice. Thus, no violation was shown of the defendant’s right to a speedy trial under the Sixth Amendment or Wash. Const. art. I, § 22.

2. State v. Olsen
No. 32054-5    
(April 16, 2015)
2015 Wash. App. LEXIS 787 (

2015 Wash. App. LEXIS 787 (Lexis Advance)


Brief: The second option contained in RCW 26.50.110(4) permits a jury to convict a defendant of felony violation of a court order, despite having also convicted the defendant of second degree assault, when the former is predicated on reckless conduct that creates a substantial risk of death or serious bodily injury to another.

3. Burnett v. Department of Corrections
No. 32177-1     
(April 16, 2015)
2015 Wash. App. LEXIS 786 (

2015 Wash. App. LEXIS 786 (Lexis Advance)


Brief: ISSUE 1: Whether the Attorney General's Office is disqualified by reason of a conflict of interest from representing the Department of Labor and Industries because the office also represents the plaintiff or the opposing party, the Department of Corrections? ANSWER 1: No. The assistant attorney general has not represented the plaintiff. The plaintiff has no standing to assert a conflict of interest between DLI and DOC. ISSUE 2: Must DLI demonstrate payment of counsel’s bill before it may substitute other counsel? ANSWER: No. The plaintiff does not hold standing to assert the pecuniary interest of an attorney. ISSUE 3: Does DLI hold the prerogative to seek dismissal of the appeal without approval of the plaintiff? ANSWER 3: Yes. ISSUE 4: Should the court dismiss the appeal? ANSWER 4: Yes. 

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