Today's opinions - April 7, 2011

Burton v. Twin Commander Aircraft, No. 83030-4. The Supreme Court ruled that an action against Twin Commander, an airplane manufacturer, was time barred. A crash occurred in Mexico in May 2004, killing seven government agents on board. Kenneth Burton, personal representative of the decedents’ estates, filed a wrongful death action against Twin Commander. Twin Commander moved to a decision on the basis of the General Aviation Revitalization Act. The law bars actions against aircraft manufacturers if the accident occurs 18 years after delivery of the aircraft to the first purchaser. The trial court ruled in Twin Commander’s favor. On appeal, the Court of Appeals ruled that Twin Commander has failed to prove that it is a “manufacturer” of the aircraft, and was thus covered by the statute of limitations. The Supreme Court, with Chief Justice Barbara Madsen writing, reversed the Court of Appeals. Justice Debra Stephens and two others dissent.

In re PRP of Carlos John Williams, No. 84711-8. Carlos Williams, an inmate at Monroe Correctional Center, filed two civil complaints for monetary damages against the Department of Corrections, claiming cruel and unusual punishment and racial discrimination. The superior court treated both actions as postconviction challenges and referred them to the Court of Appeals for consideration as personal restraint petitions. The Court of Appeals dismissed the petitions as improperly seeking monetary relief. The Supreme Court (in a per curiam decision) reversed the Court of Appeals and ordered the trial court to treat Williams’ actions as civil complaints.

State v. Simms, No. 83826-7. Daniel Simms was convicted (among other things) of robbery, with sentence enhancement for use of a firearm. Because Simms had a previous conviction of assault with a firearm enhancement in 2000, the court doubled the firearm enhancements, adding 22 years to his sentence. Simms challenged the enhancement on appeal—specifically whether the state, in seeking a double firearm enhancement based on the prior imposition of a firearm enhancement, is required to allege in the information that the defendant has previously been sentenced to a firearm enhancement. The Court of Appeals held that the prior conviction was not essential to prove the enhancement itself, and that there is no requirement to give notice of a prior conviction “for purposes of a sentencing enhancement.” The Supreme Court unanimously upheld the Court of Appeals. Justice James Johnson wrote the decision of the court.

State v. Weaver, No. 84982-0. The Supreme Court previously granted Oliver Weaver’s petition for review of a Court of Appeals decision that had affirmed his sentence for second degree child rape and second degree rape. The Supreme Court had ordered reconsideration by the Court of Appeals in light of State v. Mendoza (2009). On reconsideration, the Court of Appeals adhered to its original decision. Weaver again appealed to the Supreme Court. The Supreme Court holds today that Mendoza entitles Weaver to relief, reverses the Court of Appeals, and remand to the superior court for further proceedings.

Today's arguments - June 8, 2010

Today the Court will hear four arguments. (Docket, briefs)

Morning session

In re Sandra Ferguson, No. 200719-8. This disciplinary hearing concerns an attorney who violated the Rules of Professional Conduct.

According to the findings of the disciplinary board, Sandra Ferguson appeared before a court ex parte and filed a motion for injunctive relief and an order of contempt, which was granted. She did not notify the opposing party, however, but misled the judge into believing she had. Her license was suspended for ninety days.

State v. Montano, No. 82855-8. The Court will hear argument on whether general threats to a police officer constitute an attempt to influence the officer's actions, an element in the crime of intimidating a public servant.

Jose Montano resisted arrest for assault and officers had to shock him twice before they could handcuff him. On the way to jail, Montano threatened the officer driving him with statements including “I know when you get off work, and I will be waiting for you,” “I'll kick your a**,” and “I know you are afraid, I can see it in your eyes.” Montano was charged with intimidating a public servant.

One element of the crime involves proving that the defendant intended to influence the servant's official actions. The trial court dismissed the charge against Montano because there was no evidence that he wanted to influence the officer's actions. The Division Three Court of Appeals reversed, however, holding that the jury could infer an intent to influence from Montano's statements.

Afternoon session

State v. Immelt, No. 83343-5. Is honking your car horn repeatedly in a neighborhood a protected form of speech?

Snohomish County Code prohibits horn honking for purposes other than public safety. Helen Immelt, angry at a neighbor, honked her horn in front of his house for about ten minutes just before 6:00 a.m. Police came and warned Immelt to stop honking. She claimed her horn was broken, but then honked several times as she drove away. The police caught and arrested her.

Snohomish County Code prohibits horn honking for purposes other than public safety. Immelt challenges this ordinance as a free speech violation. The court held that her honking was not “speech,” and thus not protected.

Burton v. Twin Commander Aircraft, No. 83030-4. Here the Court must determine whether Twin Commander is an airplane manufacturer under federal law. If so, then Burton's claim is likely barred by a federal statute of limitations.

Twin Commander Aircraft bought the “type certificate” for a particular model of aircraft from Gulfstream. The type certificate authorizes the owner to manufacture a particular model of aircraft, and requires them to support the aircraft. Twin Commander has never actually manufactured the aircraft in question, but does manufacture spare parts, issues safety bulletins and provides other support services

Twenty years ago one of the aircraft in question crashed. Kenneth Burton, personal representative of the victims, sued Twin Commander for damages resulting from the crash. The federal General Aviation Revitalization Act puts an 18-year statute of limitations on suits against the manufacturer of an aircraft. Twin Commander argues that this bars the plaintiffs' claim. Division One Court of Appeals ruled that Twin Commander has failed to prove that it is a “manufacturer” of the aircraft, however, and thus covered by the statute of limitations.