Justia Washington Supreme Court Opinion Summaries

At issue before the Washington Supreme Court was whether the superior court erred in ruling that 29A.80.061 was invalid under the First Amendment. Also at issue was whether the bill containing the statute violated the single subject or subject in title requirements of article II, section 19 of the Washington Constitution. RCW 29A.80.061 requires political parties to elect, rather than appoint, legislative district chairs for each legislative district. Appellant Andrew Pilloud, acting pro se, sought to enforce the statute against the King County Republican Central Committee (Committee), which, by bylaw, had long chosen to appoint its legislative district chairs. The superior court concluded that the statute violated a political party's right to free association under the First Amendment to the United States Constitution. Pilloud appealed this decision. The Supreme Court affirmed, holding RCW 29A.80.061 violated the Committee's freedom of association. View "Pilloud v. King County Republican Cent. Comm." on Justia Law

An officer from the Washington Department of Fish & Wildlife saw respondent Eric Cruz illegally "snag" a salmon in the Similkameen River. McCormick arrested Cruz for this misdemeanor fishing violation. The officer handcuffed Cruz, searched his body, and found no weapons, but further questioned the handcuffed Cruz about whether he had weapons elsewhere. Cruz truthfully acknowledged that he had firearms in his truck. A still-handcuffed Cruz was locked in the back of the patrol car while the officer removed three guns from Cruz's truck. The officer did not have, and never sought, a search warrant. The State subsequently charged Cruz, who had a prior felony, with three counts of second degree unlawful possession of a firearm. Cruz moved to suppress the firearms. The trial court agreed with Cruz. The State then moved to dismiss. The trial court granted that motion and dismissed with prejudice. The State then appealed the suppression order, but not the dismissal order. The Court of Appeals affirmed. The Washington Supreme Court granted review to decide whether the rule of Arizona v. Gant, 556 U.S. 332, 343, (2009),and Washington v. Snapp, 275 P.3d 289 (2012) was the controlling case law in this matter, or whether the rule of Terry v. Ohio, 392 U.S. 1 (1968), as extended to vehicles in Michigan v. Long, 463 U.S. 1032 (1983) provided the framework for analysis instead. But a procedural issue became apparent after the Washington Supreme Court granted review. The State's failure to assign error to the order of dismissal. The Court surmised there were three critical problems with the State's appeal in a situation like this: first, the State failed to assign error to the order of dismissal, in violation of RAP 10.3(a)(4); the State failed to brief and argue the propriety of the order of dismissal, in violation of another RAP (RAP 10.3(a)(6)); and the State was the party that "invited" the trial court to enter the dismissal order that it complained about here. Characterizing the "notice of appeal [as being] from the order of suppression and dismissal," as the amended notice of appeal did, fails to solve these invited error, failure to brief, and failure to assign error problems. Here, even if the Supreme Court reversed the suppression order, "the case below would still be at an end." The Court thus dismissed this appeal. View "Washington v. Cruz" on Justia Law

Yakima County Clerk Janelle Riddle appealed a trial court's ruling that five out of the six recall charges filed against her were factually and legally sufficient. Riddle was elected on in late 2014, defeating incumbent Kim Eaton. Riddle attributed many of the challenges she faced to Yakima County's early adoption of new case management software called “Odyssey.” Yakima County had received approval to be "an early adopter site" for Odyssey about a year before Riddle's election. Odyssey was implemented in November 2015. And although most of the early adopter sites for Odyssey encountered some difficulties in its implementation, the Yakima County Clerk's Office had the most difficulty making the transition. Another source of difficulty for Riddle has been her ongoing disagreement with other Yakima County officials, particularly the superior court judges, about the scope of Riddle's powers and duties as clerk. This disagreement prompted the Yakima County Superior Court to pass five new local administrative rules regarding the powers and duties of the clerk on an emergency basis. In May 2017, about two and a half years into Riddle's four-year term, the recall petitioners filed a statement of charges against Riddle, largely alleging Riddle failed to transmit court orders as required by statute, refused to perform in-court duties and threatened to shut down the Yakima County Superior Court, and failed to properly collect and account for clerk's office revenue. The Washington Supreme Court granted the recall petitioners' motion for accelerated review and found the five remaining recall charges legally sufficient. View "In re Recall of Riddle" on Justia Law

Robbin Taylor filed a statement of charges seeking recall of Black Diamond City council member Patricia Pepper. In November 2015, Pepper defeated opponent Ron Taylor (husband of Robbin Taylor) in an election for Black Diamond City Council in King County. Beginning in January 2016, a chasm developed with Mayor Carol Benson and council members Tamie Deady and Janie Edelman on one side, and a majority of the city council - Pepper, Erika Morgan, and Brian Weber - on the other. After Pepper, Morgan, and Weber passed R-1069, they voted to fire city attorney Carol Morris. Upon passing R-1069, Pepper and a majority of the council made decisions to alter contracts regarding the Master Development Review Team (MDRT) contracts for two large development projects planned in Black Diamond that had been approved by Mayor Benson and former council members. Mayor Benson hired emergency interim city attorney Yvonne Ward. Ward submitted two memoranda to the council, concluding that R-1069 violated the Black Diamond Municipal Code (BDMC) and the Open Public Meetings Act (OPMA), chapter 42.30 RCW. The council had also received advice from prior city attorney Morris and from the city's risk management pool that the resolution could create liability for the city if council members violated the OPMA. Ultimately, the council's decision to enact R-1069 and revisit the MDRT contracts, among other actions, led to a lawsuit: MDRT contractor CCD Black Diamond Partners LLC (Oakpointe) filed suit against the city and council members Pepper, Morgan, and Weber, alleging violations of the OPMA, which has led to litigation and costs for the city. Pepper was a member of council standing committees; allegations were made that Pepper, Morgan, and Weber held secret council and standing committee meetings conducting city business in violation of the OPMA. After approximately a year and a half of tensions, Taylor filed a statement of charges with the King County Elections Division, requesting Pepper's recall. The superior court ruled that four of those charges were factually and legally sufficient to support a recall petition. Pepper appealed. After review, the Washington Supreme Court affirmed the trial court's decision with regard to the first three charges, but reversed with regard to the fourth charge. View "In re Recall of Pepper" on Justia Law

At issue in this appeal was whether the trial court in Ascencion Salgado-Mendoza's trial for driving under the influence abused its discretion by refusing to suppress the testimony of the State's toxicology witness. The State initially disclosed the names of nine toxicologists, indicating it intended to call "one of the following" to testify. The State eventually whittled the list down to three names the day before trial, but did not specify which toxicologist it would call until the morning of trial. Salgado-Mendoza moved to suppress the toxicologist's testimony under CrRLJ 8.3(b) based on late disclosure. The trial court refused, finding no actual prejudice to the defense and observing that the practice of disclosing a list of available toxicologists rather than a specific witness was driven more by underfunding of the crime labs than trial mismanagement. The superior court found the trial court abused its discretion and the Court of Appeals affirmed, holding the delayed disclosure violated the discovery rules and caused prejudice. The Washington Supreme Court disagreed, finding that while the State's disclosure practice may have amounted to mismanagement, Salgado-Mendoza did not demonstrate actual prejudice to justify suppression. View "Washington v. Salgado-Mendoza" on Justia Law

In 2015, after attempting to steal a riding lawnmower, Joshua Barnes was arrested and charged with theft of a motor vehicle. He filed a motion to dismiss, claiming that a riding lawnmower was not a "motor vehicle" under RCW 9A.56.065. The Washington Supreme Court's plain reading of the statute found that a riding lawn mower could conceivably have contemplated a riding lawn mower. However, the Court found the Washington Legislature intended otherwise. "Because the act itself denotes a restrained definition, we find that as a matter of law, a riding lawn mower is not a 'motor vehicle' for the purposes of the theft-of-a-motor-vehicle statute." View "Washington v. Barnes" on Justia Law

Three cases were consolidated for review by the Washington Supreme Court. Each petitioner-defendant was arrested for driving under the influence (DUI). Two had high blood alcohol concentrations (BAC) but no previous DUI arrests, while the third petitioner had allegedly used marijuana and had a previous DUI conviction. Each challenged his or her testing conditions by petitioning for a writ of review with the Spokane County Superior Court. The superior court denied the writ applications. After review of the superior court record in each petitioner’s case, the Supreme Court reversed, finding all three were entitled to statutory writs of review because they lacked an adequate remedy at law to challenge their pretrial release conditions and because their urinalysis testing requirements contravened article I, section 7 of the Washington State Constitution. View "Blomstrom v. Tripp" on Justia Law

A jury found Steven Canha guilty of two counts of assault in the second degree and two counts of unlawful possession of a firearm in the first degree. At the sentencing hearing, the superior court calculated Canha's offender score by using four out-of-state criminal convictions, one from California and three from Oregon. However, the court failed to perform a comparability analysis of these out-of-state convictions to see whether they were sufficiently comparable to any Washington offenses. The superior court sentenced Canha to serve 154 months. At issue before the Washington Supreme Court was whether the four criminal convictions from other states were sufficiently comparable to Washington crimes that they should have been included in a defendant's criminal history for sentencing purposes. The Supreme Court conducted the comparability analysis, concluded that three of Canha's four foreign convictions were comparable to Washington offenses, and remanded the case to the superior court to resentence Canha accordingly. View "In re Pers. Restraint of Canha" on Justia Law

Petitioner Eric Gray electronically sent an unsolicited picture of his penis to an adult woman when he was seventeen years old. The woman notified police; police found and charged petitioner with one count of second degree dealing in depictions of a minor engaged in sexually explicit conduct pursuant to RCW 9.68A.050. Petitioner appealed, arguing the plain language of the statute did not anticipate minors who took and transmitted sexually explicit images of themselves. The Washington Supreme Court found the language of the statute unambiguous, and found petitioner's actions were included under the statute, and the statute did not infringe on his freedom of expression or other Constitutional rights. View "Washington v. Gray" on Justia Law

Zaida Yesenia Cardenas-Flores did not make a corpus delicti objection at trial, raising it for the first time on appeal. Cardenas-Flores and Carlos Austin brought their infant son, C.A., to the emergency room. They reported that earlier that night, Austin had accidentally rolled over onto C.A.' s leg while they were sleeping near each other on a bed. Both parents were concerned that C.A. had been injured as a result of the rollover. A doctor examined C.A. and ordered X-rays, noting some initial swelling and tenderness around his left leg. After reviewing the X-rays, the doctor reported that "everything looked normal." Less than a week later, the child was again rushed to the emergency room complaining of leg pain. The doctor found a displaced femur fracture that should have shown healing since the initial ER visit days earlier. The doctor concluded the rollover incident could not have injured C.A, and contacted Child Protective Services. Upon questioning, Cardenas-Flores admitted to police that she tried to take her son out of his car seat too fast, which could have caused the fracture. She was ultimately charged with second-degree child assault. At trial, she denied pushing her son's leg or pulling him from his car seat too quickly. She claimed that she lied to appease the police and that her confession was false. A jury convicted Cardenas-Flores, and the court sentenced her to 31 months in prison, the bottom of the standard sentencing range. The Washington Supreme Court disagreed with the Court of Appeals, holding that a criminal defendant may raise corpus delicti for the first time on appeal as a sufficiency of the evidence challenge. On the merits of Cardenas-Flores's claims, the Court held the State presented sufficient evidence to establish the corpus delicti and all elements of the crime charged, and rejected her challenge to the jury instructions. Accordingly, the Court affirmed her conviction. View "Washington v. Cardenas-Flores" on Justia Law