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Division Two of the Court of Appeals filed 1 new published opinion and Division Three filed 2 new published opinions on Tuesday, November 26, 2013:
Martini v. Post
(November 26, 2013)
2013 Wash. App. LEXIS 2721
PERSONAL INJURY AND INSURANCE LAW
Brief: The tenant appealed the trial court's dismissal of his negligence action against his landlord for his wife's death after a fire in their rented house. Before the fire, the tenant had repeatedly asked the landlord to repair windows that were inoperable because they were painted shut. The wife died of smoke inhalation after the inoperable windows allegedly prevented her from escaping the fire. The trial court granted the landlord's motion for summary judgment on the issue of cause in fact and then denied the tenant's motion for reconsideration. The Court of Appeals reverses and remands, holding that new evidence demonstrating that the wife attempted to open a window and expert testimony opining that the wife would have survived if she had been able to open a window creates a genuine issue of material fact regarding the cause of death.
1. In re Post-Sentence Review of Bercier / State v. Dep’t of Corr.
2013 Wash. App. LEXIS 2716
Areas: CRIMINAL LAW
Brief: The Department of Corrections petitions under RCW 9.94A.585(7) for review of an amended order revoking the convicted offender’s residential treatment-based DOSA sentence and imposing a standard range prison sentence without credit for community custody time served. Because RCW 9.94A.660(7)(d)’s plain language provides credit for “any time previously served under this section,” including community custody served in the form of a residential treatment-based DOSA sentence, the Court of Appeals grants the department's post-sentence review petition.
2. State v. Bailey
2013 Wash. App. LEXIS 2723
Areas: CRIMINAL LAW
Brief: At 16 years of age, the defendant stipulated to a waiver of juvenile court jurisdiction and pleaded guilty to second degree robbery in adult court. The State later used this conviction as a "strike" under the Persistent Offender Accountability Act (POAA) of the Sentencing Reform Act of 1981, ch. 9.94A RCW. In an unpublished decision, the Court of Appeals concluded that the transfer of the defendant’s case to adult court was proper and, therefore, the robbery conviction could be used as a strike under the POAA. Adhering to the analysis and holding in State v. Saenz, 175 Wn.2d 167 (2012), the Court of Appeals now concludes that the defendant was not fully informed of the rights he waived and no written finding was entered that transfer was in the best interest of the juvenile or public. Accordingly, the court reverses the robbery sentence.
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