Tuesday, December 17, 2013 To view the full text of these opinions,
please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent
or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance.
Division Two of the Court of Appeals filed 5 new published opinions and Division Three filed 1 new published opinion on Tuesday, December 17, 2013:
1. Lewis County v. State No. 43790-2 (December 17, 2013) 2013 Wash. App. LEXIS 2841 (lexis.com)
2013 Wash. App. LEXIS 2841 (Lexis Advance)
Areas: COURTS; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW
Brief: The County sought a judgment declaring that the State, and not the County, bears civil liability for the official acts of Lewis County Superior Court judges, commissioners, juvenile court and juvenile detention staff, and other officers and employees. The Court of Appeals holds that the trial court did not abuse its discretion in dismissing the County's case which neither meets the justiciable controversy elements nor presents an issue of major public importance.
2. In re Pers. Restraint of D'allesandro No. 37217-7 (December 17, 2013) 2013 Wash. App. LEXIS 2843 (lexis.com)
2013 Wash. App. LEXIS 2843 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: The Court of Appeals grants the personal restraint petition because previous appellate counsel rendered ineffective assistance in failing to include a Bone-Club challenge to the temporary courtroom closure during jury selection in the petition for review from the petitioner's direct appeal.
3. McKasson v. Johnson No. 43486-5 (December 17, 2013) 2013 Wash. App. LEXIS 2848 (lexis.com)
2013 Wash. App. LEXIS 2848 (Lexis Advance)
Areas: EMPLOYMENT LAW
Brief: The noncompete clause is unenforceable as a matter of law because the employment contract states that the employer gave the employee no consideration for this new employment restriction other than continuing his at-will employment.
4. State v. Maynard No. 43204-8 (December 17, 2013) 2013 Wash. App. LEXIS 2844 (lexis.com)
2013 Wash. App. LEXIS 2844 (Lexis Advance)
Brief: Ineffective assistance of counsel and not preaccusatorial delay caused the loss of juvenile court jurisdiction. Thus, the Court of Appeals reverses because retrial, not dismissal, is the appropriate remedy for a successful ineffective assistance claim.
5. State v. Floyd No. 42396-1 (December 17, 2013) 2013 Wash. App. LEXIS 2846 (lexis.com)
2013 Wash. App. LEXIS 2846 (Lexis Advance)
Brief: Trial court did not violate the defendant's right to defend in person by terminating his pro se status because the trial court's determination that he intentionally disrupted the proceedings was not manifestly unreasonable and rests on a sufficient factual basis in the record.
Kelly v. Allianz Life Ins. Co. of N.A. No. 31091-4 (December 17, 2013) 2013 Wash. App. LEXIS 2839 (lexis.com)
2013 Wash. App. LEXIS 2839 (Lexis Advance)
Areas: BUSINESS AND COMMERCIAL LAW; COURTS
Brief: The plaintiff's action is time barred because she did not file within the six-year statute of limitations applicable to contract based claims, which began to run on June 27, 2005, if not earlier when she purchased the annuities in 2004.
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