Monday, April 28, 2014 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 One of the Court of Appeals filed 1 new published opinion and withdrew and replaced 1 published opinion on Monday, April 28, 2014:
1. Miller v. Kenny No. 68594-5 (April 28, 2014) 2014 Wash. App. LEXIS 1030 (lexis.com)
2014 Wash. App. LEXIS 1030 (Lexis Advance)
Areas: PERSONAL INJURY AND INSURANCE LAW
Brief: In an insurance bad faith case, the amount of a reasonable covenant judgment sets a floor, not a ceiling, on the damages a jury may award. The Court of Appeals affirms a jury verdict awarding $13 million in damages to the assignee of the bad faith causes of action where the total net amount of the covenant judgment was $4.15 million.
2. State v. Rainey
No. 68846-4 (April 28, 2014) 2014 Wash. App. LEXIS 1029 (lexis.com)
2014 Wash. App. LEXIS 1029 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: Under the “experience and logic” test, a witness's assertion of the Fifth Amendment privilege against self-incrimination in an evidentiary hearing must occur on the witness stand in open court, unless the court has conducted a Bone-Club analysis and made suitable findings. Because that did not happen in this case, both defendant's right to a public trial and the public's right to open proceedings were violated and defendant is entitled to a new hearing on his motion for a new trial. Further, the admission of certified copies of defendant's driving records at trial violated his Sixth Amendment right to confrontation. Therefore, the Court of Appeals reverses his conviction for driving while license suspended in the third degree and remands for a new trial on that count.
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