Justia Constitutional Law Opinion Summaries

Less than one year after Mayor Cy Sun took office, Donald Thomson started a recall petition alleging numerous acts of misfeasance and malfeasance, and violation of the oath of office. The superior court found two charges adequate for submission to voters, namely, that Sun attempted to use the city police department as his own personal police force and that Sun's actions jeopardized the city's liability insurance coverage. Sun appealed the superior court order finding these charges sufficient. Also at issue was Thomson's cross appeal asking the court to reinstate several charges that the superior court found insufficient. Finding no error or abuse of discretion, the Supreme Court affirmed the trial court in all respects. View "In re Recall of Sun" on Justia Law

Petitioner Derrick Robert Evans stole a business check from the small business where he worked, made the check to himself for $500, then forged a signature on the check and cashed it. Evans was charged with identity theft and convicted after a bench trial. He challenged his conviction on the ground that RCW 9.35.020 (the identity theft statute) criminalized theft of a natural person's identity but did not criminalize theft of a corporate identity-or in the alternative, that the statute was unconstitutionally vague. Upon review, the Supreme Court rejected Evans's arguments and affirmed the Court of Appeals. "The plain language and legislative history of the identity theft statute demonstrate that theft of a corporate identity is a crime. The identity theft statute provided fair warning to Evans and other persons and contains sufficiently objective standards for purposes of enforcement. We thus affirm Evans's conviction." View "Washington v. Evans" on Justia Law

When Dr. Virgil Becker, Jr. died, his will left everything to his youngest daughter. His three older daughters contested the will, and the issue before the Supreme Court on appeal was whether his surviving spouse, Dr. Nancy Becker, had standing to participate in that will contest. Upon review, the Supreme Court held that because Nancy had a direct, immediate, and legally ascertainable interest in the decedent's estate if the will was declared invalid, she would have standing in the will contest. View "In re Estate of Becker" on Justia Law

While employed as a physician at Quincy Valley Medical Center (QVMC), Gaston Cornu-Labat was the subject of several complaints that raised doubts as to his competency to practice medicine. QVMC conducted two investigations that ended after the charges against Dr. Cornu-Labat were not substantiated. Nevertheless, QVMC requested that Dr. Comu-Labat be psychologically evaluated and ended the doctor's employment when he failed to consult the recommended provider. Dr. Cornu-Labat filed a Public Records Act (PRA) request asking for records related to the hospital's investigations. QVMC claimed the documents were exempt from disclosure. The trial court granted summary judgment in favor of Dr. Cornu-Labat, holding none of the PRA exemptions invoked by QVMC applied. The court concluded that the records of a peer review committee that contained nonphysicians could not qualify for the exemption. Upon review, the Supreme Court determined that was error. The Court remanded because questions of material fact remained as to whether the records at issue were prepared for a regularly constituted peer review body. Further, questions remained as to whether any records were generated during a confidential meeting of agents of the QVMC board concerning Dr. Cornu-Labat's clinical or staff privileges. View "Cornu-Labat v. Hosp. Dist. No. 2 of Grant County" on Justia Law

Petitioner Daniel Flaherty attempted to file a motion to vacate his 2005 conviction for conspiracy to deliver a controlled substance with the Spokane Superior Court. In 2009, Petitioner was considered a "career offender" and subject to an increased sentence for a federal conviction. Petitioner tried to file his motion on the grounds that his attorney failed to advise him that pleading guilty would contribute to the "career offender" determination. The court refused the file the motion as untimely. Petitioner appealed, and the appellate court dismissed the appeal. The Supreme Court reversed: "it is plainly not part of the clerk's ministerial function to determine whether a collateral challenge is timely." View "Washington v. Flaherty" on Justia Law

Petitioner Robert Yates, Jr. filed a personal restraint petition following the Supreme Court's decision to affirm his death sentence. Petitioner was sentenced in 2000 to 408 years in prison for thirteen counts of aggravated first degree murder and one count of attempted first degree murder. In 2002, Petitioner was convicted of two counts of aggravated first degree murder, for which he received the death penalty. Petitioner raised 25 grounds for relief covering a host of legal issues, including procedural errors at trial, ineffective assistance of counsel, juror bias and public trial rights. The Court found that no merit to any of Petitioner's claims, and dismissed Petitioner's restraint petition. View "In re Pers. Restraint of Yates" on Justia Law

The issue before the Supreme Court in this case concerned the adjudication of water rights in the Yakima River Basin. The parties brought various challenges to the conditional final order of the trial court determining their water rights. The Court of appeals transferred the case to the Supreme Court for direct appeal. Upon review, the Court reversed the trial court's decision concerning the quantification of irrigable land on the Yakama reservation, and reversed the trial court's determinations regarding the Nation's right to store water. The Court affirmed the trial court's conclusions regarding the rights of nontribal claimants to excess water, but reversed the application of the "future development excuse" under RCW 90.14.140(2)(c) for nonuse of a water right. Finally, the Supreme Court affirmed the trial court's denial of several individual water rights claims. View "In re Rights to Waters of Yakima River Drainage Basin (Acquavella)" on Justia Law

Appellant Catherine Lakey and twelve other homeowners owned property that bordered a parcel owned by Puget Sound Energy, Inc. (PSE) on which there was an electrical substation. The homeowners sued PSE and the City of Kirkland after PSE constructed a new substation on PSE property. The homeowners sought review of the trial court's decision to exclude testimony of their expert under the "Frye" rule, and the court's ultimate decision to grant summary judgment on behalf of PSE. Upon review, the Supreme Court concluded that the trial court improperly excluded the expert's testimony under the "Frye" rule but properly excluded it under the Rules of Evidence ER702. Furthermore, the Court reversed the trial court's decision with respect to their Land Use Petition Act (LUPA) claims, finding that LUPA did not apply to the homeowners' inverse condemnation claim. The Court affirmed the trial court in all other respects. View "Lakey v. Puget Sound Energy" on Justia Law

The issue before the Supreme Court in this case centered on whether a domestic violence protection order that included a child visitation provision qualified as a "court-ordered parenting plan" under Washington's first degree custodial interference statute, RCW 9A.40.060(2). Upon review, the Court concluded that it did not, because the legislature specifically created the phrase "court-ordered parenting plan" as a term of art to refer to a document created under chapter 26.09 RCW. Accordingly, the Court reversed the Court of Appeals and remanded the case for dismissal of Petitioner Jose Veliz, Jr.'s custodial interference conviction for insufficient evidence. View "Washington v. Veliz" on Justia Law

In 2009, Philip Haberthur nonjudicially foreclosed on Petitioner Steven Schreoder's property. Petitioner attempted to restrain the sale on grounds that his land was agricultural and not subject to nonjudicial foreclosure. The issue before the Supreme Court in this case was whether the parties to a deed of trust may waive the statutory requirement that agricultural land must be foreclosed judicially. Upon review, the Supreme Court concluded that "although the procedure here was admittedly convoluted," the trial court abused its discretion in failing to restrain the sale of Petitioner's property without first determining whether the land was agricultural, and for dismissing Petitioner's other claims on summary judgment. The Court held that agricultural land must be foreclosed judicially; parties may not waive the statute. The Court reversed the trial court's decision and remanded the case for further proceedings. View "Schroeder v. Excelsior Mgmt. Grp., LLC" on Justia Law