Docket No. 86793-3 (from Benton Case No. 08-1-00685-2)
Synopsis: Whether Washington public policy or principles of due process are violated if the Washington Fair Labor Contractor Act requires a trial court to award statutory damages of $500 per plaintiff per violation.
Blog Archives
In re Det. of McCuistion v. State
Docket No. 81644-1 (from Court of Appeals Division II Case No. 35805-1) Synopsis: Whether a 2005 amendment to RCW 71.09.090, which altered the proof that a person committed as a sexually violent predator must present to justify a trial on whether he should be released from commitment, violates due process and separation of powers principles. Continue reading
Hardee v. Department of Social and Health Services
Docket No. 83728-7 (from Court of Appeals Division I Case No. 62436-9) Facts: Petitioner Kathleen Hardee’s home child care license was revoked by the respondent Department of Social and Health Services after Hardee’s son sexually assaulted a child in Hardee’s home and a subsequent investigation by the Department of Social and Health Services revealed that Hardee’s son had had unsupervised access to children under Hardee’s care in violation of a safety plan imposed in response to his previous convictions for harassment, intimidation, and assault. Continue reading
Washington v. Brousseau
Docket No. 83415-6 (from Asotin Case No. 06-1-00229-8) Facts: Petitioner William Brousseau was convicted of the rape of a child and child molestation in the Superior Court for Asotin County after a trial in which the alleged victim testified after being deemed competent following a competency hearing and in which out of court statements made by the alleged victim were admitted into evidence pursuant to Washington Revised Code §9A.44.120’s child hearsay exception. Brousseau subsequently appealed his conviction, asserting that he was denied due process of law when the trial court prevented him from calling the alleged victim to testify at the competency hearing, that §9A.44.120 requires that a child testify at their pretrial child hearsay hearing in order for their out of court statements to be admissible at trial, and that his attorney’s failure to object to testimony regarding the alleged victim’s credibility constituted ineffective assistance of counsel. Continue reading
In re personal restraint of Blackburn
Docket No. 82329-4 Facts: Following his conviction for two drug offenses, petitioner Douglas Blackburn was sentenced to community confinement and substance abuse treatment pursuant to the sentencing alternative for first time drug offenders offered by Washington Revised Code §9.94A.660. Continue reading
State v. Nason
Docket No. 82333-2 (from Court of Appeals Division III Case No. 26180-8) Synopsis: Whether the trial court violated an offender’s due process rights when it ordered him to report to jail and serve a period of incarceration if he failed to pay his legal financial obligations by a certain future date. Continue reading
Lummi Indian Nation v. Washington
Docket No. 81809-6 (from King Case No. 06-2-40103-4 SEA & 06-2-28667-7 SEA) Facts: The respondent Lummi Indian Nation filed suit against the petitioner state of Washington in the Superior Court for King County seeking a declaratory judgment that Washington Revised Code §90.03.015 and Washington Revised Code §90.03.330, which changed the definition of the term municipal water supplier Continue reading
In re detention of McCuistion
Docket No. 81644-1 Facts: Following a series of convictions for sex offenses, petitioner David McCuistion was committed indefinitely as a sexually violent predator pursuant to Washington Revised Code §71.09. Continue reading
Carlisle v. Columbia Irrigation District
Docket No. 82035-0 (from Benton Case No. 07-2-01773-6) Facts: Petitioner Janet Carlisle filed suit against respondent Columbia Irrigation District in the Superior Court for Benton County, asserting that she had been deprived of property without due process of law in violation of Article I §3 of the Washington State Constitution Continue reading
Washington v. Jaime
Docket No. 82008-2 (from Yakima Case No. 05-1-03114-5) Facts: James Jaime was convicted of murder in the Superior Court for Yakima County following a trial that was held in a courtroom in the county jail rather than in the county courthouse due to alleged security concerns. Continue reading