SEARCH & SEIZURE: Warrant to look for child pornography/slander letters supported by citizen informants, corroboration that suspect was registered sex offender and that one informant had helped distribute a slander letter… no abuse of discretion in no suppression hearing since application challenged on 4-corners and no showing of false statement, [Read more…]
Archives for 2009
Concealed weapon permit, discharged sex offender
CONCEALED WEAPON PERMIT properly denied discharged sex offender (resulting in denial of gun ownership)… certified question from Molloy.
Frank Van der hule pled guilty to sexual assault and 4 counts of rape and was sentenced 25 years imprisonment. He was paroled in 1993 and [Read more…]
Procedure/speedy trial, mental disease/defect
PROCEDURE/SPEEDY TRIAL: Regular appeal not available from not guilty by mental disease, but even if “appeal” treated as petition for writ, speedy trial claim not properly preserved. [Read more…]
Parole, sex offender failure to register, polygraph
PAROLE: Sex offender in prison for failure to register properly required to undergo therapeutic polygraph, properly used in denying parole… habeas denied. [Read more…]
Joinder, MVA non-diverse tortfeasor, insurer
JOINDER of MVA tortfeasor as non-diverse party allowed in suit against insurer, remanded… Ostby/Cebull.
Kimberlee Greenough initiated this declaratory action in State Court seeking [Read more…]
ERISA, employee derivative action, preemption
ERISA: Employees lack standing to bring derivative or double derivative action against Washington-based grocery under Washington law… state law claims against top officers following $575,000 policy-limits ESOP settlement preempted by ERISA… newly constituted company not [Read more…]
Indemnification, 2 insurers, non-party Claimant
Claimant’s back condition not caused by 1993 injury or 2006 OD, neither insurer entitled to indemnification from the other… since Claimant not a party to this action, although participating, Court cannot order her to reimburse either insurer… Shea. [Read more…]
Settlements
Plan I
Jerome Stradinger, shoulder(s), 12/99, total, $270,000, Robert Whelan
Diana Fennaker, soft-tissue neck, 9/97, $40,000, Steve Carey [Read more…]
Medical malpractice, breast cancer, defense verdict
MEDICAL MALPRACTICE: Prospective jurors with relationships with defense counsels’ firms properly not excused for cause… pathologist properly allowed to testify as to breast cancer… any error in instructing on “loss of chance”/apportionment of damages harmless as jury found [Read more…]
Homeowners association, covenants, contempt
HOMEOWNERS ASSOCIATION: Un-named owner consented to jurisdiction in covenants dispute by physical appearance in court and lawyer’s motions… Association did not coerce owner into stipulation under guise of changing covenants to accommodate metal roof, did not interfere with attempts to bring amendments to vote, covenants [Read more…]
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