This public policy blog comes from the attorneys at the Evergreen Freedom Foundation. The group uses this blog to provides news, information, and analysis of the cases before the Washington State Supreme Court.
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Bain v. Mortgage Electronic Registration Systems, et al and Selkowitz v. Litton Loan Servicing, LP, et al, No. 86206-1 (consolidated w/ 86207-9). May a party be a lawful “beneficiary” under Washington’s Deed of Trust Act if it never held the promissory note secured by the deed of...
In 2009 the City of Seattle adopted a ban on concealed firearms in city parks. The move was criticized by gun rights advocates and even Attorney General Rob McKenna, who issued a formal opinion stating that cities cannot adopt gun regulations that are more restrictive than state law. Several...
The Supreme Court has accepted several new cases for review. State v. Arreola, No. 86610-4. Gilberto Arreola was convicted of a felony driving under the influence in the first degree. The patrol officer that arrested Arreola followed him for over a half mile because his vehicle fit the description...
In re: Bakary Fansu Conteh, an Attorney at Law, No. 200,915-8. Did the attorney violate the Rules of Professional Conduct and, if so, what sanction should be imposed? In re the Detention of: Kevin Coe a/k/a Fredrick Harlan Coe, No. 85965-5. Kevin Coe challenges his designation as a sexually violent...
Today the Washington State Supreme Court ruled in favor of four Mason County residents who disputed a special assessment that Mason County had levied on nonforest lands. In 2003, Mason County imposed an annual assessment of $5.00 on certain parcels to “create a fund dedicated to addressing...
Afoa v. Port of Seattle, No. 85784-9. Brandon Afoa worked at Sea-Tac Airport and got hurt on the job; should the Port of Seattle have to pay for his injuries? State v. Tarhan, No. 85737-7. The trial court sealed juror questionnaires without conducting a Bone-Club analysis, which is required before...
In re: Thomas R. Kamb, No. 200,926-3. The Court must determine whether attorney Thomas R. Kamb violated the Rules of Professional Conduct and impose appropriate sanctions for any violations. Anfinson, et al. v. Fedex Ground Package System, Inc., No. 85949-3. Did the trial court correctly instruct...
In State v. Jim, No. 84716-9, the Supreme Court held that the Maryhill Treaty Fishing Access Site, created for Columbia River tribes to fish under provision of treaty, was not within the criminal jurisdiction of Washington State. Lester Ray Jim, a member of the Yakama Nation, was fishing on the...
In re Personal Restraint of Eastmond, No. 81939-4. The Supreme Court found that a recently established rule regarding sentencing enhancements can not be retroactively applied to cases heard before the rule was created in Williams-Walker. The rule holds that when a firearm sentence enhancement is...
State v. Morales, 84197-7. The Supreme Court, with Justice Charles Wiggins writing the majority, reversed a DUI conviction due to an inadequate test warning from the trooper. The State of Washington requires that any individual arrested for vehicular assault must take a blood alcohol test....