Upcoming petitions for review
The Supreme Court has published a list of petitions for review to be considered on March 3. We'll post the cases that are granted review.
Today at the Supreme Court
The Supreme Court released one case today, Harry v. Buse Timber & Sales, Inc. (79613-1), determining how benefits are computed for a claim based on progressive occupational noise related to hearing loss. Justice Madsen authored the lead opinion, and Justice Fairhurst wrote a dissent.
Updated Courts Media Guide now available
The Media Guide to Washington State Courts has been updated and is now available on the Washington Courts website. The updates include information on tribal courts, the new media Shield Law (RCW 5.68.010), and a new chart of Washington courts.
Supreme Court to hear three cases at Pierce College (Puyallup Campus)
The Supreme Court of Washington is hitting the road. The Court hears cases away from the Temple of Justice in Olympia three times a year to allow citizens to see justice in action. Three cases will be argued before the Court at the Pierce College in Puyallup on Feb. 12.
- State v. Pugh: Whether statements in a 911 call constituted testimonial hearsay inadmissible under the federal and state constitutional right of confrontation, and if not, whether the Washington constitution requires the State to show the caller was unavailable as a witness before the caller’s statements can be admitted as excited utterances.
- State v. Garvin: Whether a police officer exceeded the permissible scope of a frisk for weapons pursuant to an investigative stop when he squeezed the defendant’s pocket to determine the nature of objects inside the pocket, discovering narcotics.
- In re Estate of Pamela L. Kissinger: Whether, under the “slayer statute,” which prohibits a person from receiving any property or benefit from someone he “willfully” and “unlawfully” killed, a killing is “unlawful” if the perpetrator is found not guilty of murder by reason of insanity, and whether “willfulness” requires intent and design or only knowledge.
Today at the Supreme Court
The Supreme Court of Washington released four decisions this morning.
- Community Care Coalition of Wash. v. Reed, No. 81857-6, regarding the Secretary of State's discretion in certifying an initiative.
- In re Custody of A.C., No. 79938-5, regarding out-of-state foster parents seeking custody.
- Michael v. Mosquera-Lacy, No. 80665-9, regarding a consumer protection claim against a dentist.
- Otis Housing Association v. Ha, No. 80626-8, regarding a real estate dispute.
Curious citizen could get $1 million in public records case
In 1997, Seattle hotel owner Armen Yousoufian asked for public documents showing the economic impact of building Qwest Field. He got the runaround from King County and eventually sued. Fastforward 12 years, and Mr. Yousoufian has been the state Supreme Court twice (with the most recent ruling last month), and could win a monster payment for the county's "egregious" violations of the Public Records Act. The Seattle Weekly has the story here.
(Full disclosure: the publishers of this blog filed an amicus brief in support of Mr. Yousoufian with the Court of Appeals.)
Justice Sanders has advice for newly-confirmed AG Holder
Washington Supreme Court Justice Richard B. Sanders has an opinion piece in today's Seattle Times where he offers some words of advice to Attorney General Eric Holder. He urges Mr. Holder to respect the rule of law, and has some harsh words for the Bush Administration.
If the rule of law means anything, it must mean at least this: Those who act or are in positions of authority in our government are subject to the same laws as everyone else. This has been the American tradition, the crown jewel of a free society, a government of laws, not of men.
The Times editor notes that Justice Sanders made national headlines last year when he yelled "Tyrant!" at then-U.S. Attorney General Michael Mukasey during a dinner in Washington, D.C.
Bill to provide public financing for judicial races
A bill has been introduced in the Washington Legislature that would allow public financing of judicial races. The sponsors acknowledge the state's budget crisis by making the program contingent on the state allocating $3 million sometime in the future.
Washington state's 2006 Supreme Court elections were hotly contested, and a similar bill was introduced last year in response. Rep. Sam Hunt, a sponsor of this year's bill, chairs the committee to which the bill has been assigned. He plans to hold a hearing in the next few weeks. The Olympian has more here.
