Monday, December 16, 2013 To view the full text of these opinions,
please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent
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Division One of the Court of Appeals filed 3 new published opinions and announced the publication of 1 additional opinion on Monday, December 16, 2013: 1. McLain v. Kent Sch. Dist. No. 415 No. 68373-0 (December 16, 2013) 2013 Wash. App. LEXIS 2822 (lexis.com)
2013 Wash. App. LEXIS 2822 (Lexis Advance)
Areas: EMPLOYMENT LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW
Brief: Where a teacher appeals the decision of a school district to not renew a teaching contract under RCW 28A.405.210 and timely requests an administrative hearing, RCW 28A.405.310 sets forth the procedure and deadlines that must be followed to select a hearing officer. The statute authorizes the presiding judge of the superior court to appoint a hearing officer only if the school district and the teacher “fail to agree as to who should be appointed.” The teacher timely appealed the decision of the school district to not renew his teaching contract for the 2010-2011 school year but did not comply with the statutory procedure or deadlines to select a hearing officer and schedule a hearing. Fifteen months later, the teacher sought to pursue the appeal and filed a motion to appoint a hearing officer. The presiding judge of the superior court granted the motion and directed the parties to contact the hearing officer within 10 days. Because the undisputed facts establish that the teacher waived his right to an administrative hearing under chapter 28A.405 RCW, the Court of Appeals reverses and vacates the order.
2. State v. Miller No. 68826-0 (December 16, 2013) 2013 Wash. App. LEXIS 2821 (lexis.com)
2013 Wash. App. LEXIS 2821 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: The trial court did not abuse its discretion in revoking the offender's special sex offender sentencing alternative (SSOSA) for failing to commence sexual deviancy treatment within 90 days of his release from confinement, as required by his sentence.
3. State v. Carney No. 68168-1 (December 16, 2013) 2013 Wash. App. LEXIS 2824 (lexis.com)
2013 Wash. App. LEXIS 2824 (Lexis Advance)
Brief: The offender contended that under State v. Jones, 99 Wn.2d 735 (1983), he was entitled to dismissal of the 1982 conviction of arson in the first degree, the acquittal by reason of insanity and order of civil commitment, and the 2011 order revoking his conditional release. The Court of Appeals affirms the decision to dismiss the offender's collateral attack of the 1982 conviction and order of commitment and the 2011 order revoking his conditional release because Jones does not apply retroactively.
4. Sixty-01 Ass'n of Apartment Owners v. Parsons / Sixty-01 Ass'n of Apartment Owners v. Mallarino No. 69135-0 (filed October 21, 2013; ordered published December 16, 2013) 2013 Wash. App. LEXIS 2482 (lexis.com)
2013 Wash. App. LEXIS 2482 (Lexis Advance)
Areas: PROPERTY AND LAND USE LAW
Brief: A purchaser at a sheriff's sale acquires only the right, title, and interest that a debtor has at the time of the sale. Here, the two condominiums purchased at the sheriff's sale were each subject to deeds of trust previously recorded by a lender. Because the purchaser is deemed to have constructive notice of recorded deeds of trust, the Court of Appeals affirm the trial court's decision confirming the sale of one condominium and reverses the trial court's decision vacating the sale of the other condominium.
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