Today at the Court
The Court released opinions in two cases this morning and will hear oral argument today in four others.
Opinions
State v. Fisher, No. 79801-0. A unanimous Court reverses the Court of Appeals and grants criminal defendant Fisher a new trial. The opinion by Justice Fairhurst determines that "prosecutorial misconduct denied Fisher a fair trial." The prosecutor introduced evidence without providing proper notice to the defense and introduced evidence in violation of a pretrial ruling. Fisher had been convicted on four counts of child molestation. Justice Madsen writes a concurrence, sugesting that the real problem with Fisher's trial was the trial court's decision to allow testimony about allegations not directly related to the criminal charges. (State v. Fisher briefs, oral argument)
Brogan & Anensen LLC v. Lamphiea, No. 81825-8. Beware of forms with unchecked boxes. In a per curiam opinion, the Court reverses and remands to the trial court. In a real estate transaction, buyer Brogan & Anensen had orally promised to allow the seller, Lamphiea, to retain posession of the property for a year. The contract form had three options for "possession date," each with a box beside it, but none were checked. Thus, the Court finds the contract ambiguous as to the possession date and holds that the lower court's application of the parol evidence rule to preclude evidence of the oral argreement was improper.
Oral Argument
Noble v. Safe Harbor Family Pres. Trust, No. 80873-2. Whether, in an action to condemn a private way of necessity, the trial court may order the condemnee to pay the attorney fees of a third party who the condemnor joined in the suit.
Campbell v. Ticor Title Insurance Company, No. 80999-2. Whether a title insurance policy exclusion for easements not disclosed in the public record relieved an insurer of its duty to defend a lawsuit brought to reform the insured’s deed to include an easement formerly recorded in a neighbor’s title.
State v. Kilgore, No. 81020-6. Whether, on remand after the reversal of two of seven convictions, the defendant was entitled to challenge reimposition of the original exceptional sentence.
State v. Fry, No. 81210-1. Whether a diagnosed condition of severe anxiety, anger, and depression qualified a defendant to use marijuana for medicinal purposes in defense to a charge of unlawful possession of marijuana.
