Tuesday, August 26, 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 Two of the Court of Appeals filed 3 new published opinions and Division Three filed no new published opinions on Tuesday, August 26, 2014:
1. West v. Port of Olympia No. 44964-1 (August 26, 2014) 2014 Wash. App. LEXIS 2097 (lexis.com)
2014 Wash. App. LEXIS 2097 (Lexis Advance)
Areas: GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW
Brief: In this case under the Public Records Act, the redaction of an employee's identity was improper because the disclosure of identifying information was not highly offensive to a reasonable person and would not have violated the employee's right to privacy under RCW 42.56.050. The claimant prevailed in this case and was entitled to attorney fees under RCW 42.56.550(4) because of the wrongful redaction of the identifying information.
2. Schlosser v. Bethel Sch. Dist.
No. 44750-9 (August 26, 2014) 2014 Wash. App. LEXIS 2100 (lexis.com)
2014 Wash. App. LEXIS 2100 (Lexis Advance)
Areas: EMPLOYMENT LAW
Brief: The teacher had neither tenure rights to continue her public school employment nor a property interest in continued employment that was analogous to tenure rights. In following the statutory procedures and deciding not to renew the teacher's contract, the school district did not deprive her of a property interest requiring due process. The district's post-deprivation review, which followed the statutory requirements under ch. 28A.405 RCW, met procedural due process requirements. The hearing officer's findings of fact that the teacher was unsatisfactory were not clearly erroneous because substantial evidence convincingly showed that the teacher was "unsatisfactory" over the course of the semester. Substantial evidence supported the hearing officer's overall conclusion that the district was justified in not renewing the contract.
3. State v. Webb No. 43179-3 (August 26, 2014) 2014 Wash. App. LEXIS 2096 (lexis.com)
2014 Wash. App. LEXIS 2096 (Lexis Advance)
Areas: CRIMINAL LAW
Brief: In a second degree assault case, defendant's right to a public trial was not violated when attorneys conducted peremptory challenges on paper. In determining that defendant was a persistent offender under RCW 9.94A.570, the trial court erred by considering a 1982 conviction since it was not comparable to the most serious offenses under RCW 9.94A.030(32)(b), (u). A 1992 conviction was improperly considered as well because it was based on an expired statute and was facially constitutionally invalid.
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