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Jones v. Sisters of Providence in Washington Inc.
Alternate juror may not participate in jury deliberations.
Torts May 17, 2001
Washington v. Berry
Two 'stayed' California convictions are properly counted as strikes under Persistent Offender Accountability Act.
Criminal Law and Procedure May 17, 2001
Wenatchee Sportsmen Association v. Chelan County
Challenge to site specific rezone must be brought under Land Use Petition Act within 21 days of rezone approval.
Real Property May 17, 2001
Shorewood West Condominium Assn. v. Sadri
In order for property use restriction to apply to condominium owners, the condominium association must amend its declaration to include the restriction.
Real Property May 17, 2001
Pitzer v. Union Bank
Illegitimate children may not impose constructive trust or reopen probate of deceased father.
Probate and Trusts May 17, 2001
Hunt-Wesson v. Franchise Tax Bd. of California
Requiring a nondomiciliary to offset its interest expenses with dividend income doesn't violate U.S. Constitution.
Taxation May 17, 2001
Tyner III v. State of Washington
State cannot escape liability at point its investigation comes under court supervision when court relies on state report.
Torts May 17, 2001
U.S. v. White
Conditions of supervised release must be sufficient, but not greater than necessary.
Criminal Law and Procedure May 17, 2001
Transportation Insurance, Limited v. Shinmaywa Industries, Limited
Order
May 17, 2001
Lenzi v. Redland Insurance Co.
Insurer receives proper notice of insured's lawsuit against tortfeasor when insured sends carrier copy of summons and complaint.
Insurance May 17, 2001
State v. Washington
Vehicle is used in commission of felony where drugs are placed in console and gun is concealed under seat.
Criminal Law and Procedure May 17, 2001
In the Matter of the Personal Restraint of Jose Echeverria
Right of allocution is satisfied when accused makes statement to court in direct testimony during sentencing.
Criminal Law and Procedure May 17, 2001
State v. Ross
Warrantless search conducted at 12:10 am for sole purpose of discovering marijuana to justify issuance of warrant violates 4th Amendment.
Criminal Law and Procedure May 17, 2001
State v. Kinzy
Seizure of minor is unreasonable and does not fall within purview of community caretaking exception to warrant requirement.
Criminal Law and Procedure May 17, 2001
Cox v. Spangler
Under 'collateral source rule' court can exclude evidence of plaintiff's receipt of industrial insurance benefits for injuries sustained in prior accident.
Civil Procedure May 17, 2001
Inniss v. Tandy Corp.
Radio Shack's compensation practice, known as the 'fluctuating workweek,' does not violate Washington Minimum Wage Act.
Employment Law May 17, 2001
In re the Recall of Cathy Pearsall-Stipek
Petition to recall county auditor is factually and legally sufficient as to false swearing allegation.
Criminal Law and Procedure May 17, 2001
State v. Root
Proper 'unit of prosecution' for sexual exploitation of minor is per photo session, per minor involved in each session.
Criminal Law and Procedure May 17, 2001
City of Kennewick v. Day
Evidence of defendant's reputation for sobriety is admissible to show defendant's lack of intent to possess or use drugs.
Criminal Law and Procedure May 17, 2001
Paul v. County of Riverside
Order
May 17, 2001
State v. Williams
'Automatic standing' doesn't apply where defendant challenges officer's entry into third-party's residence, but contraband found during lawful search of person incident to arrest.
Criminal Law and Procedure May 17, 2001
Kearney & O'Banion Inc. v. State Compensation Insurance Fund
Order
May 17, 2001
Personal Restraint Petition of Davis
Accused may be convicted of two counts of possession with intent to manufacture where accused had two, wholly self-contained marijuana grow operations.
Criminal Law and Procedure May 17, 2001
Sebastian v. Department of Labor & Industries
Victims Compensation Act Collateral benefits received by criminal assault victim should be deducted from his total damages rather than from $30,000 statutory cap.
Criminal Law and Procedure May 17, 2001
Greenfield v. Fritz Companies Inc.
Order
May 17, 2001
Ellwein v. Hartford Accident and Indemnity Co.
Insurance company acted in bad faith by manipulating expert initially hired to work on behalf of insured.
Insurance May 17, 2001
Nafsu v. Hurd
Order
May 17, 2001
North Pacific Insurance Co. v. Christensen
Insurance company must cover claim arising from underinsured motorist who caused collision by grabbing wheel while in passenger seat.
Insurance May 17, 2001
Centennial Insurance Co. v. United States Fire Insurance Co.
'Time on risk' method of apportioning defense costs of mutual insured is more equitable than bright line rule of equal apportionment.
Insurance May 17, 2001
Bolter v. Superior Court (Harris Research, Inc.)
May 17, 2001