Blog Archives

Washington v. Siers

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Docket No. 85469-6 (from Court of Appeals Division I Case No. 63697-9)  Facts:  Respondent Brian Siers was charged with two counts of second degree assault after stabbing two men, one of whom was attempting to break up a fight between Siers and another person, outside of a Seattle restaurant.  Although no aggravating circumstances were alleged in the information, the state of Washington notified Siers prior to trial of its intent to seek a good Samaritan aggravator on one of the counts.  After the state and Siers had each rested their case, Siers objected to the state’s proposed jury instructions on grounds that the good Samaritan aggravator had not been charged in the information.  The trial court overruled Siers’ objection and Siers was found guilty of both charges.  The jury also returned a special verdict finding that Siers assaulted one of the victims while they were acting as a good Samaritan.  Siers appealed his conviction and the Washington Court of Appeals reversed on grounds that the state’s failure to plead the good Samaritan aggravator in the information functionally undermined the jury’s verdict on the substantive crime of second degree assault. Continue reading →

Washington v. Morales

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Docket No. 84197-7 (from Court of Appeals Division II Case No. 36941-9)  Facts:  After petitioner Jose Morales crashed into another motorist in his automobile and fled the scene, he was arrested by a state trooper.  Because the trooper found evidence that Morales was under the influence of alcohol, he transported Morales to a hospital in order to have a blood alcohol test performed.  Due to the fact that Morales speaks limited English, the trooper instructed an interpreter to inform Morales, as required by Washington Revised Code §46.20.308, that he would be subject to a blood alcohol test and that he had a right to an independent test.  After a trial in which the results of the blood alcohol test were admitted into evidence, Morales was convicted of hit and run, driving under the influence of alcohol, and vehicular assault by driving a motor vehicle under the influence of intoxicating liquor and in a reckless manner.  Morales appealed his convictions, asserting that the results of the blood alcohol test were inadmissible insofar as the state failed to prove that he had been apprised of his rights under §46.20.308 given that the interpreter had not testified at trial. Continue reading →

Washington v. Mutch

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Docket No. 82029-5 (from Whatcom Case No. 94-1-00117-8)  Facts: Petitioner Richard Mutch was convicted of five counts of second degree rape and one count of second degree kidnapping in the Superior Court for Whatcom County and sentenced to life imprisonment as a persistent offender.  Upon appeal, Mutch’s sentence was vacated on grounds that one of his prior convictions was not a “strike” for purposes of deeming him a persistent offender.  The trial court subsequently resentenced Mutch to an exceptional sentence, Continue reading →

Cornhusker Casualty Insurance Company v. Kachman

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Docket No. 81160-1 (from Court of Appeals Division II Case No. 34399-1)  Facts: In the course of hearing an appeal by Cornhusker Casualty Insurance Company asserting that Cornhusker Casualty Insurance Company had cancelled Chris Kachman’s insurance policy prior to an automobile accident involving one of Kachman’s employees that gave rise to the underlying litigation, the United States Court of Appeal for the Ninth Circuit certified to the Supreme Court of Washington the question of whether Cornhusker Casualty Insurance had given Kachman sufficient notice of cancellation Continue reading →

Christensen v. Ellsworth

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Docket No. 79128-7  Facts:  Petitioner Ed Christensen filed a complaint for unlawful detainer against respondent Richard Ellsworth after Ellsworth failed to make a rental payment and failed to respond to a notice to vacate the premises.  The court entered an order of default and a writ of restitution when Ellsworth failed to appear.  Christensen subsequently sought a default judgment based upon the order of default.  Ellsworth responded by moving to vacate the order of default, asserting that the unlawful detainer action was prematurely commenced insofar as it failed to comply with Washington Revised Code §59.12.030(3)’s requirement that three days notice be provided period prior to filing an unlawful detainer action.  In particular, Ellsworth maintained that although the unlawful detainer action was filed five days after Christensen posted the notice to vacate the premises, it was premature insofar as Washington Court Rule 6(a) excludes weekends and holidays in calculating time periods of less than seven days. Continue reading →

Herring v. Todd Shipyards Corporation

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Docket No. 78774-3 (from Court of Appeals Division I Case No. 55055-1)  Facts:  Respondent Roger Herring filed suit against petitioner Todd Shipyards Corporation after being diagnosed with mesothelioma caused by his exposure to asbestos while working for subcontractors of Todd Shipyards.  Todd Shipyards successfully moved for summary judgment, arguing that Herring’s claim had been discharged when it filed for bankruptcy seventeen years earlier. Continue reading →