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State v. Platt
Individual committed to state hospital after not guilty by reason of insanity defense has burden to prove fitness for conditional release.
Criminal Law and Procedure May 21, 2001
Schreiber v. Estate of Donald Wayne Kiser
Court properly excluded medical opinion testimony when plaintiff failed to provide narrative statement of testimony.
Torts May 21, 2001
Geneva Towers Limited Partnership v. City and County of San Francisco
When Tax Code does not specify length of limitations period, court may rely on appropriate Code of Civil Procedure provision.
Taxation May 21, 2001
Bartnicki v. Vopper
Certiorari granted
May 21, 2001
In re Contested Election of Gary L. Schoessler
Election must be annulled where mayoral candidate does not satisfy one-year residency requirement.
Government May 21, 2001
Ex Rel Peninsula Neighborhood Association v. Washington Dept. of Transportation
Dept. of Transportation's agreement with United Infrastructure Washington Inc. to construct second Tacoma Narrows bridge violates state law.
Government May 21, 2001
State of Washington v. Ferguson
Aggravated exceptional sentence may not be based on charged element of underlying offense
Criminal Law and Procedure May 21, 2001
Godrey v. Hartford Casualty Insurance Co.
Arbitration proceedings are subject to provisions of Washington's Arbitration Act, which doesn't provide for trial de novo for disgruntled party.
Insurance May 21, 2001
State v. Walsh
Plea agreement is involuntary when both prosecution and defense based plea on misunderstanding of standard sentencing range.
Criminal Law and Procedure May 21, 2001
River Park Square v. Miggins
Ordinance does not authorize city to make loan to cover operating expenses for parking garage.
Government May 21, 2001
Arizona Department of Revenue v. Canyoneers Inc.
Business needn't make assurances that transaction privilege tax refund is returned to customer who paid sales tax.
Taxation May 21, 2001
Chen v. City of Houston
Order
May 21, 2001
Lockheed Martin Corp. v. Superior Court (Carrillo)
Class certification requires sufficient community of interest among class members seeking 'medical monitoring' from defendants that allegedly contaminated city's groundwater.
Civil Procedure May 20, 2001
Waterjet Technology Inc. v. Flow International Corp.
Employment agreement requiring assignment to employer of patents created during employment term provides adequate notice and is enforceable.
Employment Law May 20, 2001
State v. Longshore
Theft occurs when accused removes naturally occurring shellfish from privately owned property.
Criminal Law and Procedure May 20, 2001
State v. Bradley
Individual may use force to resist correctional officer only when that person is in actual, imminent danger of serious injury.
Criminal Law and Procedure May 20, 2001
United States v. Hatter
Order
May 20, 2001
Washington v. Conwell
Upon rejection of guilty plea, judge must allow accused opportunity to make new plea on charges.
Criminal Law and Procedure May 20, 2001
State v. Greiff
State's failure to notify defendant of expected change in testimony and admission of hearsay testimony are not prejudicial.
Criminal Law and Procedure May 20, 2001
Wilson v. State
Federal law does not pre-empt state law allowing lien against Medicaid recipient's third-party recovery beyond portion allocated to medical expenses.
Constitutional Law May 20, 2001
Wharf Holdings Ltd. v. United Int'l Holdings Inc.
Order
May 20, 2001
Personal Restraint of Matteson
Washington Department of Corrections has statutory authority to transfer inmates to private out-of-state facility.
Criminal Law and Procedure May 20, 2001
Mcgee Guest Home Inc. v. Department of Social & Health Services
Department of Social and Health Services' two-tiered system of reimbursement for congregate care facilities not subject to rule making requirement under APA.
Administrative Agencies May 20, 2001
International Brotherhood of Electrical Workers, Local No. 46 v. Trig Electric Construction Co.
Union's lien foreclosure action against contractor to enforce subcontractor's duty to make payments to ERISA governed benefit plan pre-empted by ERISA.
Employment Law May 20, 2001
State of Washington v. Townsend
Jury should not have been informed that prosecutor would not seek death penalty for murder case.
Criminal Law and Procedure May 20, 2001
In re the Personal Restraint Petition of Meyer
Sex-offender registration and disclosure do not violate right to privacy or due process.
Criminal Law and Procedure May 20, 2001
Cockle v. Dept. of Labor & Industries
Value of employer paid health care benefits should be included in calculating worker's compensation payments.
Employment Law May 20, 2001
Van Noy v. State Farm Mutual Automobile Insurance Co.
Lawsuit against insurance company that delayed coverage decisions may proceed.
Insurance May 20, 2001
In the Matter of the Personal restraint of En Banc
Attorney's failure to introduce expert opinion report that defendant was incompetent to stand trial is ineffective assistance of counsel.
Criminal Law and Procedure May 20, 2001
State v. Atsbeha
Psychiatrist's testimony was properly excluded because it did not relate to defendant's mental state during commission of crime.
Criminal Law and Procedure May 20, 2001