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Litigation

LexisNexis HeadsUp for Washington State May 3, 2012

 

Thursday, May 3, 2012

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The Supreme Court of Washington filed 5 new opinions and Division Three of the Court of Appeals filed 2 new published opinions on Thursday, May 3, 2012:

Supreme Court:

1. Estate of Bunch v. McGraw Residential Center
No. 85679-6
(May 3, 2012)
2012 Wash. LEXIS 365

Areas: PERSONAL INJURY AND INSURANCE LAW

Brief: A cause of action for the injury or death of a minor child is not limited to parents who provided support at the time of the injury or death; it is enough that the parent has, in the past, regularly contributed to the child's support. Because the undisputed facts demonstrated that the deceased child’s adoptive mother had regularly contributed to the child’s support, the trial court erred by denying the adoptive mother's motion to intervene as a necessary party under CR 19(a).


2. Minnick v. Clearwire, US, LLC
No. 85810-1
(May 3, 2012)
2012 Wash. LEXIS 366

Areas: BUSINESS AND COMMERCIAL LAW

Brief: The early termination fee in the fixed-term telecommunications contracts constituted alternative performance provisions and not liquidated damages clauses.


3. State v. Abdulle
84660-0
(May 3, 2012)
2012 Wash. LEXIS 367

Areas: CRIMINAL LAW

Brief: The defendant's statements were not inadmissible at trial merely because the State failed, without explanation, to call a second officer to corroborate the defendant’s waiver of the rights expressed in the Miranda warnings. A court is, however, free to draw a negative inference from the second officer's absence, but is not required to do so.


4. State v. Boyd
No. 86709-7
(May 3, 2012)
2012 Wash. LEXIS 364

Areas: CRIMINAL LAW

Brief: The defendant was sentenced after RCW 9.94A.701(9) became effective on July 26, 2009. Thus, the trial court, not the Department of Corrections, was required to reduce the defendant's term of community custody to avoid a sentence in excess of the statutory maximum. The trial court erred by imposing a total term of confinement and community custody in excess of the statutory maximum, notwithstanding the Brooks notation.


5. State v. McCuistion
No. 81644-1
(May 3, 2012)
2012 Wash. LEXIS 368

Areas: CRIMINAL LAW

Brief: The sex offender under commitment as a sexually violent predator had neither a statutory nor a constitutional right to an evidentiary hearing on his continued confinement because he did not present prima facie evidence that his condition had changed such that he no longer met the criteria for confinement. In addition, the statutory amendments challenged by the offender do not violate procedural and substantive due process of law and do not violate separation of powers principles.


Court of Appeals:

1. State v. Singh
No. 29783-7
(May 3, 2012)
2012 Wash. App. LEXIS 1028

Areas: CRIMINAL LAW

Brief: Independent witnesses are not required to convict a defendant of perjury if the crime is recorded and the recording is played at trial.


2. Department of Ecology v. City of Spokane Valley
No. 29675-0
(May 3, 2012)
2012 Wash. App. LEXIS 1030

Areas: GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW
PROPERTY AND LAND USE LAW


Brief: The owner-used single dock exception to “substantial development” under the Shorelines Management Act applies only when the owner, lessee, or contract purchaser requests the permit in order to undertake construction for its own noncommercial use.

 

 


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