Monday, June 16, 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, withdrew and replaced 1 opinion, and announced the publication of 1 additional opinion on Monday, June 16, 2014:
1. State v. Kinzle No. 69451-1
(June 16, 2014) 2014 Wash. App. LEXIS 1469 (lexis.com)
2014 Wash. App. LEXIS 1469 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: A jury found defendant guilty of two counts of first degree child molestation involving two sisters. When the younger girl testified at trial, the prosecutor avoided asking her direct questions about the incident and her previous statements. As a result, she was not subject to full and effective cross-examination. The Court of Appeals holds that the admission of the younger girl's out-of-court statements to prove that she was molested violated defendant's right to confront witnesses. The conviction for that count must be reversed.
2. Knight v. Dep't of Labor & Indus. No. 69514-2 (June 16, 2014) 2014 Wash. App. LEXIS 1479 (lexis.com)
2014 Wash. App. LEXIS 1479 (Lexis Advance)
Areas: COURTS; DOMESTIC RELATIONS AND FAMILY LAW
Brief: Under the “traveling employee” doctrine, the employee bears the burden of proving that he or she is eligible for workers' compensation benefits, including that he or she was not on a distinct departure from the course of employment at the time of his or her injury. Because the employee failed to meet this burden, the trial court properly granted summary judgment for the Department of Labor and Industries.
3. Citizens Alliance for Prop. Rights Legal Fund v. San Juan County No. 70606-3 (Filed April 14, 2014; ordered published June 10, 2014) 2014 Wash. App. LEXIS 1077 (lexis.com)
2014 Wash. App. LEXIS 1077 (Lexis Advance)
Areas: GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW; PROPERTY AND LAND USE LAW
Brief: The San Juan County Council did not violate the Open Public Meetings Act when three of its six members attended a series of closed meetings as part of a working group known as the San Juan County Critical Area Ordinance/Shoreline Master Program Implementation Committee.
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