MADSEN, C.J. Vicki Parker, James Johnson, and Marie Clarke appealed directly to this court from an order of the Thurston County Superior Court denying them relief in an action challenging the candidacy of Christine Schaller for the office of judge of the Thurston County Superior Court. Appellants argue that Schaller is not statutorily eligible for the office because she does not reside in, and therefore is not a qualified elector of, Thurston County. We hold that Schaller is not required to...
GONZ LEZ, J. 1 The issue in this case is whether a traffic stop motivated primarily by an uncorroborated tip, but also independently motivated by a reasonable articulable suspicion of a traffic infraction, is unconstitutionally pretextual under article I, section 7 of the Washington State Constitution and State v. Ladson, 138 Wn.2d 343 , 979 P.2d 833 (1999). 2 We hold that a mixed-motive traffic stop is not pretextual so long as the desire to address a suspected traffic infraction (...
OWENS, J. 1 This case concerns Washington Constitution article II, section 40's refund provision, which states that a refund of motor vehicle fuel tax revenues is a "highway purpose[ ]." WASH. CONST. art. II, 40(d). Specifically at issue is the legislature's statutory refund program, which places one percent of fuel tax revenues into a special fund to benefit off-road vehicle (ORV), nonmotorized, and nonhighway road recreational users for fuel consumed on nonhighway roads. In 2009, the...
MADSEN, C.J. 1 Vicki Parker, James Johnson, and Marie Clarke appealed directly to this court from an order of the Thurston County Superior Court denying them relief in an action challenging the candidacy of Christine Schaller for the office of judge of the Thurston County Superior Court. Appellants argue that Schaller is not statutorily eligible for the office because she does not reside in, and therefore is not a qualified elector of, Thurston County. We hold that Schaller is not required...
CHAMBERS, J. 1 P.E. Systems, LLC (PES) offered to analyze and reduce the credit card processing costs of CPI Corp. (CPI). The two signed an agreement that appeared to be a contract. CPI later repudiated the contract, disputing its validity. PES sued for breach. CPI attached a copy of the contract to its answer to PES's complaint, and then filed a motion for judgment on the pleadings, arguing the contract was a mere agreement to agree and therefore unenforceable. PES responded to the motion...
MADSEN, C.J. 1 Nicholas Pappas challenges the Court of Appeals' decision affirming an exceptional sentence for vehicular assault based on the severity of the victim's injuries. We hold that our case law and the language of RCW 9.94A.535(3)(y) authorize an exceptional sentence when the jury finds the victim's injuries substantially exceed "substantial bodily harm." Accordingly, we affirm the Court of Appeals. FACTS AND PROCEDURAL HISTORY 2 On August 12, 2008, Pappas gave Melanie Thielman...
OWENS, J. Rene P. Paumier appeals his conviction for residential burglary and third degree theft. This case requires us to determine if Paumier's right to a public trial was violated when the trial court individually questioned potential jurors in chambers. We have previously held that a court may close a courtroom to the public only after considering the factors established in State v. Bone-Club, 128 Wn.2d 254 , 258-59, 906 P.2d 325 (1995). Moreover, we have held in State v. Wise, No....
OWENS, J. Rene P. Paumier appeals his conviction for residential burglary and third degree theft. This case requires us to determine if Paumier's right to a public trial was violated when the trial court individually questioned potential jurors in chambers. We have previously held that a court may close a courtroom to the public only after considering the factors established in State v. Bone-Club, 128 Wn.2d 254 , 258-59, 906 P.2d 325 (1995). Moreover, we have held in State v. Wise, No....
OWENS, J. 1 Patrick L. Morris filed this timely personal restraint petition, alleging a violation of his right to a public trial when the trial court conducted part of voir dire in chambers. Further, he claims his appellate counsel was ineffective for failing to raise the violation on direct review. In In re Personal Restraint of Orange, 152 Wn.2d 795 , 814, 100 P.3d 291 (2004), we resolved a similar claim on ineffective assistance of appellate counsel grounds. This case is analytically...
OWENS, J. 1 Rene P. Paumier appeals his conviction for residential burglary and third degree theft. This case requires us to determine if Paumier's right to a public trial was violated when the trial court individually questioned potential jurors in chambers. We have previously held that a court may close a courtroom to the public only after considering the factors established in State v. Bone-Club, 128 Wn.2d 254 , 258-59, 906 P.2d 325 (1995). Moreover, we have held in State v. Wise,...
FAIRHURST, J. 1 This case requires us to decide whether a sentencing court violated a defendant's right to due process by basing the imposed sentence on prior convictions demonstrated only by the prosecutor's written summary and the defendant's failure to object. The Court of Appeals held this violated the defendant's right to due process, and we now affirm. I. FACTS AND PROCEDURAL HISTORY 2 Monte W. Hunley was convicted by a jury on July 13, 2009 of attempting to elude a pursuing police...
FAIRHURST, J. 1 This case involves the special relationship exception to the public duty doctrine. One of the elements necessary to satisfy the special relationship exception requires an express assurance by the defendant. The plaintiff in this case alleges a 911 operator negligently responded to an emergency call by coding (or prioritizing) it incorrectly, thereby causing a delayed response. The operator correctly informed the caller help was on the way, though the operator made no time...
MADSEN, C.J. 1 Washington State Nurses Association (WSNA) seeks overtime pay pursuant to the Minimum Wage Act (MWA), RCW 49.46.130, for work performed by the approximately 1,200 registered nurses employed by Sacred Heart Medical Center in Spokane, Washington. Sacred Heart, at all times pertinent to this lawsuit, was obligated by its collective bargaining agreement (CBA) with WSNA to provide its nurses with a paid 15 minute block rest period each four hour work period. The parties do not...
WIGGINS, J. 1 Our state constitution limits municipal indebtedness to protect taxpayers from legislative and voter improvidence. We must decide whether the city of Wenatchee (City) would exceed its debt limit by entering into a "contingent loan agreement" (CLA) with appellant Greater Wenatchee Regional Events Center Public Facilities District (District) to help the District finance a regional events center. The District argues that the CLA is not subject to the City's debt limit because it...
FAIRHURST, J. 1 When an insured defendant believes its insurer is refusing to settle a plaintiff's claims in bad faith, the insured can negotiate an independent pretrial settlement with the plaintiff. These settlements typically involve a stipulated judgment against the insured, a covenant not to execute on that judgment against the insured, and an assignment to the plaintiff of the insured's bad faith claim against the insurer. This is referred to collectively as a covenant judgment. If the...
GONZ LEZ, J. 1 This case asks us to decide whether particular officers and employees of a bank owed a quasi-fiduciary duty to particular bank depositors. Michael and Theresa Annechino deposited a large amount of money at a bank specifically to ensure that their savings would be protected by the Federal Deposit Insurance Corporation (FDIC). Depositors and banks generally deal at arm's length and do not owe one another quasi-fiduciary duties, but the Annechinos relied on bank employees'...
GONZ LEZ, J. 1 On direct review, appellant Phiengchai Sisouvanh challenges the adequacy of the competency evaluation she received pursuant to RCW 10.77.060 prior to her trial and conviction for aggravated first degree murder. Sisouvanh immigrated to the United States from Laos at around five years of age and alleges that the court-appointed expert who conducted her evaluation failed to properly account for her distinct cultural background as a Laotian immigrant. 2 We affirm the trial...
SIDDOWAY, J. * 1 The Estates of Barbara J. Nelson and Sharon M. Bracken (the Estates) challenge the efforts of the Washington State Department of Revenue (DOR) to treat them as having engaged in a present taxable transfer of assets that were actually transferred years ago by Ms. Nelson's and Ms. Bracken's late husbands' estates. As authority for finding and taxing fictional present transfers, DOR relies on the legislature's adoption in 2005 of definitions from the federal estate tax regime....
J.M. JOHNSON, J. 1 The Automotive United Trades Organization (AUTO) and Tower Energy Group (Tower) bring an as-applied state constitutional challenge to a tax based on the possession of petroleum as a hazardous substance. 1 AUTO and Tower claim that the hazardous substances tax (HST), found in RCW 82.21.030, violates article II, section 40 of the state constitution because the revenue from motor vehicle fuel is not being "placed in a special fund to be used exclusively for highway purposes."...
MADSEN, C.J. 1 An employee of a church who maintains she was harmed by actions of a church's minister brought numerous claims against the church and the minister. At this stage of the proceedings, the case involves her negligent retention, negligent supervision, and Title VII sex discrimination claims against the church. The Court of Appeals, reversing the trial court's grant of partial summary judgment, ruled that these claims are not barred by the First Amendment to the United States...
