Recent Opinions

Recent opinions are listed below in reverse chronological order.

State v. Hunley

Decided: Thursday, November 1st, 2012
Docket No. 86135-8 (from Court of Appeals Division II Case No. 39676-9)
Synopsis: Whether RCW 9.94A.500(1) and .530(2), which provide that a prosecutor’s criminal history summary is prima facie evidence of a defendant’s prior convictions, and that a defendant’s “acknowledgment” of criminal history includes not objecting to the prosecutor’s summary, unconstitutionally relieves the State of its burden to prove prior convictions for sentencing purposes.

Munich v. Skagit Emergency Communication Center

Decided: Thursday, November 1st, 2012
Docket No. 85984-1 (from Court of Appeals Division I Case No. 64644-3)
Synopsis: Whether a county may be held liable under the special relationship exception to public duty doctrine for damages allegedly caused by a negligent response to a 911 call even though the 911 operator truthfully told the caller that a police officer had been dispatched.

State v. Deer

Decided: Thursday, October 25th, 2012
Docket No. 85511-1 (from Court of Appeals Division I Case No. 63737-1)
Synopsis: Whether it is an implied element of the crime of rape of a child that the act of sexual intercourse was volitional.

In re Bond Issuance of Greater Wenatchee Regional Events Center

Decided: Thursday, October 25th, 2012
Docket No. 86552-3 (from Chelan Case No. 11-2-00737-0)
Synopsis: Whether the city of Wenatchees agreement to make loans to a public facilities district to cover shortfalls in the districts ability to make debt service payments on district-issued bonds is a debt of the city for purposes of the constitutional and statutory limit on municipal indebtedness, and if so, whether the amount of the debt is the total amount to be loaned over the lifetime of the agreement.

Bird v. Farmers Ins. Exchange

Decided: Thursday, October 25th, 2012
Docket No. 86109-9 (from Court of Appeals Division I Case No. 64291-0)
Synopsis: Whether a plaintiff seeking treble damages for civil trespass pursuant to RCW 4.24.630 must prove that the trespasser intended to damage the invaded property.

Washington State Nurses Association v. Sacred Heart Medical Center

Decided: Thursday, October 25th, 2012
Docket No. 86563-9 (from Court of Appeals Division III Case No. 29366-1)
Synopsis: Whether an employee denied a 10-minute break period required by WAC 296-126-092(4) during the first 40 hours of the employee's work week is entitled to overtime pay for the missed break under the Washington Minimum Wage Act.

State v. Louthan

Decided: Thursday, October 25th, 2012
Docket No. 85608-7 (from Court of Appeals Division II Case No. 38472-8)
Synopsis: Whether the defendant in a prosecution for unlawful possession of a controlled substance was unlawfully arrested without a warrant for violating a city ordinance criminalizing simple possession of drug paraphernalia because the ordinance conflicts with State law, and if not, whether the defendant's automobile was unlawfully searched incident to his arrest.

Annechino v. Worthy

Decided: Thursday, October 18th, 2012
Docket No. 86220-6 (from King Case No. 10-2-43108-0 KNT)
Synopsis: Did individual bank officers and employees owe a duty of care to the Annechinos, such that they may be held personally liable for breach of that duty? Read more...

State v. Sisouvanh

Decided: Thursday, October 18th, 2012
Docket No. 85422-0 (from Benton Case No. 08-1-00685-2)
Synopsis: Whether for purposes of evaluating a criminal defendant's competency to stand trial, the term "qualified expert or professional person" under RCW 10.77.060(1)(a) requires a competency evaluator to be qualified to assess the defendant's competency in light of the defendant's cultural background.

In re Estate of Bracken

Decided: Thursday, October 18th, 2012
Docket No. 84114-4 (from King Case No. 06-4-05865-5 Sea, 06-4-06420-5 Sea & 07-4-03335-9 Sea)
Synopsis: Whether property held in a qualified terminable interest property trust established prior to the enactment of Washington's estate tax under chapter 83.100 RCW is subject to the tax. Read more...