Thursday, May 10, 2012
To view the full text of these opinions, please visit:http://email.lexisnexismail.com/cgi-bin8/DM/t/hpBk0Ggrcd0FuK0koH0EZor Lexis subscribers may use the links below to access the cases on Lexis.com
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 StensonNo. 83606-0(May 10, 2012)2012 Wash. LEXIS 371Areas: CRIMINAL LAWBrief: 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 TransportationNo. 41198-9(May 10, 2012)2012 Wash. App. LEXIS 1098Areas: GOVERNMENT RELATIONS AND ADMINISTRATIVE LAWBrief: 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 CervantesNo. 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29, 2012)By an order dated May 10, 2012, the opinion in the above named case that was filed on March 29, 2012, is withdrawn.
Tell a Friend About Washington Heads Up -Pass along this HeadsUp Alert to your colleagues. They can register online to receive the next headsup directly from LexisNexis.
To stop receiving this communication, use this link.
For questions or comments, please write: HeadsUp@lexisnexis.com HeadsUp is brought to you by LexisNexis®
Privacy Copyright © 2006 LexisNexis®, a division of Reed Elsevier Inc. All rights reserved.LexisNexis, 9443 Springboro Pike, Miamisburg, Ohio 45342