LexisNexis HeadsUp for Washington State - Court Opinions For May 10, 2012

LexisNexis HeadsUp for Washington State - Court Opinions For May 10, 2012


Thursday, May 10, 2012

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The Supreme Court of Washington filed 1 new opinion, Division Two of the Court of Appeals filed 1 new published opinion, and Division Three ordered the withdrawal of a published opinion on Thursday, May 10, 2012:

Supreme Court:

In re Personal Restraint of Stenson
No. 83606-0
(May 10, 2012)
2012 Wash. LEXIS 371


Brief: The State violated the defendant's rights under the mandates of Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), and its progeny by failing to provide the defendant’s trial counsel with evidence consisting of photographs and an FBI file that were material to the defendant’s case that the State had access to at the time of trial.

Court of Appeals:

1. Freedom Foundation v. Department of Transportation
No. 41198-9
(May 10, 2012)
2012 Wash. App. LEXIS 1098


Brief: 49 C.F.R. § 40.321 and its enabling federal statute qualify as an “other statute” exemption under RCW 42.56.070(1), thus the trial court properly granted summary judgment to the Department of Transportation on the challenge to its redaction of individual employee drug and alcohol test results from the accident investigation reports provided to the plaintiff, but the department’s concession that its initial redactions were overbroad is well taken, therefore the case is remanded for a determination of costs, fees, and daily penalties and an award to the plaintiff of proportional attorney fees on appeal.

2. State v. Gomez Cervantes
No. 29595-8
(March 29, 2012)

By an order dated May 10, 2012, the opinion in the above named case that was filed on March 29, 2012, is withdrawn.


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