New cases accepted
The Supreme Court granted new petitions for review during its March 30 conference.
- Optimer Intl, Inc. v. RP Bellevue, LLC, No. 83807-1
- State v. Lui, No. 84045-8
- State v. Wilson, No. 83797-0
- Crown, Cork & Seal v. Smith & Dept of L&I, No. 83854-2
- Niccum v. Enquist, No. 83983-2
- State v. Williams, No.83992-1
- State v. Huwe, No. 82987-0
Optimer Intl, Inc. v. RP Bellevue, LLC, No. 83807-1. Landlord RP Bellevue, LLC appealed a superior court order denying its motion to vacate or modify the arbitration award entered in a dispute with its tenant, Optimer International, Inc. The trial court denied the motion because in the parties' lease agreement each party agreed to waive the right to seek judicial review of any arbitration award. The Court of Appeals (Div. 1) reversed the trial court as the Washington Uniform Arbitration Act prohibits parties from waiving the right to seek judicial review of arbitration awards. The appeals court noted that although the UAA was adopted after the parties entered their lease it applied retroactively.
State v. Lui, No. 84045-8. Defendant Sione Lui was convicted for second degree murder in the strangulation death of his fiancee. He argues that his Sixth Amendment right to confront the witnesses against him was violated when the State's medical examiner and DNA expert testified based partially on forensic evidence developed by by non-testifying individuals. The Court of Appeals (Div. 1) affirmed his conviction.
State v. Wilson, No. 83797-0. Jason A. Wilson appeals a trial court's order denying his motion (1) to correct the offender score to which he had agreed when he pleaded guilty to two counts of second degree identity theft, and (2) to resentence him using the corrected offender score. He argues that the trial court erred when it refused to resentence him. The Court of Appeals (Div. 2) held that his offender score was not incorrectly calculated.
Crown, Cork & Seal v. Smith & Dept of L&I, No. 83854-2. The question in this case is whether Sylvia Smith had a preexisting disability at the time of a 1997 industrial accident. The Court of Appeals (Div. 2) held that the trial court erred in determining that Smith's injury qualified as a “previous bodily disability” under the Industrial Insurance Act.
Niccum v. Enquist, No. 83983-2. After an automobile accident between Jeffery Niccum and Ryan Enquist, an arbitrator awarded Niccum, the plaintiff, an award of $24,496. The defendant Enquist requested a trial which resulted in a verdict for the plaintiff but a smaller award. The judge determined that the defendant had not improved his position at trial and awarded attorney fees and some costs to the plaintiff. The Court of Appeals (Div. 3) agreed that the plaintiff was entitled to attorney fees and costs.
State v. Williams, No.83992-1. Defendant Michael Williams was convicted of obstructing a law enforcement officer when he made false statements, including giving a false identity, to police officers investigating a theft. The Court of Appeals (Div. 2) affirmed the conviction.
State v. Huwe, No. 82987-0. Review granted only for the issue of the trial court, by impaneling a jury of residents from a different county, denied the defendant his constitutional right to be tried by a jury of the county where the alleged offenses were committed.
