Supreme Court Issues
* September Term 2009

• Admiralty—Jones Act—Trial—Right to Trial by Jury
• Attorney and Client—Malpractice—Elements—Damages—Scope—Reduction for Attorney’s Contingent Fee
• Automobiles—Traffic Infractions—Negligent Driving—Notice of Infraction—Infraction Committed Outside Officer’s Presence—Effect
• Building Regulations—Building Permit—Conditions—Time Limitations—Appeal—Effect on Conditions
• Civil Rights—Deprivation—Attorney Fees—On Appeal—Reversal of Dismissal
• Community Property—Torts—Community Liability—Separate Torts—Community Benefit
• Condominiums—Common Areas—Conversion to Personal Area—Unanimous Approval—Necessity
• Contracts—Damages—Economic Loss—Limitation to Contracts—Non-contracting Parties
• Corporations—Stock—Stockholders—Dissenters’ Rights—Reverse Stock Split—“Fair Value” of Shares—Exclusive Remedy
• Counties—Land Use Controls—Growth Management Act—Rural Area Development—Allowable Density
• Counties—Land Use Controls—Growth Management Act—Rural Area Development—Limited Areas of More Intensive Development—Vested Developments
• Criminal Law—Arrest—Seizure—What Constitutes
• Criminal Law—Controlled Substances—Punishment—Doubling for Location of Crime—Distance Measurements—Measuring Wheel—Foundation—Sufficiency
• Criminal Law—Court of Limited Jurisdiction—Probation—Review Hearing—Failure to Appear—Bench Warrant—Probable Cause for Probation Violation—Necessity
• Criminal Law—Discovery—Protective Order—Computer Files—Inadequate Access—Harmless Error
• *Criminal Law—Harassment—“True Threat”—Instruction—Absence—Harmless Error
• Criminal Law—Jury—Selection—Peremptory Challenges—Race Based—Proof—Prima Facie Case—What Constitutes
• Criminal Law—Juveniles—Custodial Interference—Elements—Validity of Custody Order—Lawful Right to Custody—Knowledge
• Criminal Law—Punishment—Sentence—Conditions—Lifetime No Contact With Biological Child—Validity
• Criminal Law—Right to Counsel—Right to Proceed Pro Se—Assertion of Right—Before Trial—Effect
• Criminal Law—Sexual Offenses—Rape—Victim—Impeachment—Collateral Matters—Victim’s Attempt to Contact Defendant
• Criminal Law—Stalking—Elements—“Repeatedly Follows”—Two or More Separate Occasions—Repeated Incidents Over Short Span of Time
• Criminal Law—Weapon—Enhanced Punishment—Double Jeopardy—Weapon as Element of Crime
• Criminal Law—Weapon—Enhanced Punishment—Firearm—Double Jeopardy—Weapon as Element of Crime
• *Damages—Future Damages—Earnings—Factors—Immigration Status—Relevance
• Dismissal and Nonsuit—Failure to State Claim—Test
• Evidence—Expert Testimony—Scientific Evidence—Impeachment—Factual Findings Entered by Different Court in Unrelated Proceeding
• Financial Institutions—Federally Chartered Savings Banks—Loan-Related Activities—Federal Regulation—Preemption of State Law—Fax and Notary Fees
• Financial Institutions—Letters of Credit—Underlying Relationships—U.C.C.—Warranty Provisions—Scope of Goverance—Application of Common Law
• Government—Torts—Action Against Public Officer—Quasi-Judicial Immunity—Applicability—Courthouse Security Officers
• *Indians—Jurisdiction—Non-Indian Fee Land
• Industrial Insurance—Claims—Non-English-Speaking Claimant—Interpreter Services—Necessity—Scope
• *Industrial Insurance—Third Person Action—Reimbursement of State or Self-Insurer—Pain and Suffering Damages—Constitutionality
• Juveniles—Parental Relationship—Termination—Improvement of Parent—State Services
• Landlord and Tenant—Breach of Lease—Failure to Maintain Premises—Damages—Economic Loss Rule—Applicability
• Landlord and Tenant—Mobile Homes—Recreational Vehicles—Permanent Residences—Local Prohibition—Validity—Manufactured/Mobile Home Landlord Tenant Act
• Medical Treatment—Osteopath—Professional Service Corporation—Ownership of Physical Therapy Clinic—Validity
• Mental Health—Involuntary Commitment—Sexually Violent Predators—Discharge or Release—Show Cause Hearing—Statutory Provisions—Validity—Due Process—Separation of Powers
• Mental Health—Involuntary Commitment—Sexually Violent Predators—Discharge or Release—Show Cause Hearing—Role of Court
• Mental Health—Involuntary Commitment—Sexually Violent Predators—Trial—Instructions—Definitions—“Personality Disorder”—Necessity
• Municipal Corporations—Taxation—Local Tax—Natural Gas Use Tax—“Use”—What Constitutes
• Municipal Corporations—Torts—Nonclaim Statutes—Compliance—Content of Claim—Amount of Damages—Claimant’s Residence
• Open Government—Public Disclosure—Denial—Amount—Determination—Factors
• Personal Restraint—Petition—Timeliness—Statutory Limits—Exceptions—Facial Invalidity—What Constitutes—Order Correcting Judgment
• Personal Restraint—Prison Discipline—Prejudice—Necessity
• Taxation—Excise Tax—Enhanced 911 Emergency Communication Services Tax—Application—Prepaid Wireless Telephone Subscriptions
• Trial—Right to Public Trial—Involuntary Commitment—Hearing—Closure—Court Rule—Validity

Admiralty—Jones Act—Trial—Right to Trial by Jury

Whether a defendant in a Jones Act (46 U.S.C. § 30104) claim filed in state court is entitled to a jury trial.

No. 82635-8, Endicott (respondent) v. Icicle Seafoods, Inc. (appellant). (9/24/09)

Attorney and Client—Malpractice—Elements—Damages—Scope—Reduction for Attorney’s Contingent Fee

Whether, in an action against an attorney for negligence in the delayed payment of insurance proceeds, the trial court properly calculated lost interest on the delayed payment after first subtracting from the payment the contingent fee the attorney would have earned in the underlying legal representation.

No. 81812-6, Shoemake (respondent) v. Ferrer (petitioner). (10/22/09)

143 Wn. App. 819 (2008)

Automobiles—Traffic Infractions—Negligent Driving—Notice of Infraction—Infraction Committed Outside Officer’s Presence—Effect

Whether a police officer had authority to issue a notice of civil traffic infraction for negligent driving when the infraction was committed outside the officer’s presence.

No. 81746-4, State (respondent) v. Magee (petitioner). (9/22/09)

143 Wn. App. 698 (2008)

Building Regulations—Building Permit—Conditions—Time Limitations—Appeal—Effect on Conditions

Whether time limits on fulfilling the requirements of a conditional use permit continued to run pending appeal of a trial court order vacating the permit when the developer failed to request a stay of the order.

No. 81855-0, Kelly, et al. (respondents) v. County of Chelan, et al. (petitioners). (11/10/09)

145 Wn. App. 166 (2008)

Civil Rights—Deprivation—Attorney Fees—On Appeal—Reversal of Dismissal

Whether a prisoner who partially prevailed on appeal in a civil rights action under 42 U.S.C. § 1983 was a prevailing party eligible for attorney fees under 42 U.S.C. § 1988 and the Prison Litigation Reform Act, 42 U.S.C. § 1997e.

No. 82128-3, Parmelee (petitioner) v. O’Neel (respondent). (11/10/09)

145 Wn. App. 223 (2008)

Community Property—Torts—Community Liability—Separate Torts—Community Benefit

Whether the former marital community is liable for a former spouse’s intentional tort of sexual abuse committed against a child who performed yard work for the community prior to the dissolution of the marriage.

No. 81920-3, Clayton (respondent) v. Wilson (petitioner). (10/22/09)

145 Wn. App. 86 (2008)

Condominiums—Common Areas—Conversion to Personal Area—Unanimous Approval—Necessity

Whether under the Horizontal Property Regimes Act, chapter 64.32 RCW, conversion of the common air space above a condominium owner’s garage into a bonus room required unanimous approval of the condominium owners.

No. 81873-8, Lake (respondent) v. Woodcreek Homeowner’s Ass’n; Glen R. Clausing (petitioners). (10/29/09)

142 Wn. App. 356 (2007)

Contracts—Damages—Economic Loss—Limitation to Contracts—Non-contracting Parties

Whether Seattle Monorail Services, which operates the monorail system for the city of Seattle, may bring a tort action against a company that repaired the monorail system pursuant to a contract with the city, based on the allegation that the company’s negligent design caused a monorail fire.

No. 82738-9, Affiliated FM Ins. Co. (plaintiff-appellant) v. LTK Consulting Servs., Inc. (defendant-appellee). (10/20/09)

Certified Question from U.S. Court of Appeals, Ninth Circuit

Corporations—Stock—Stockholders—Dissenters’ Rights—Reverse Stock Split—“Fair Value” of Shares—Exclusive Remedy

Whether the exclusive remedy of a dissenting minority shareholder involuntarily divested of his shares in a reverse stock split is payment of the fair value of the shares pursuant to RCW 23B.13.020, even if the shareholder instituted a derivative action when he still owned the shares.

No. 81923-8, Sound Infiniti, Inc., d/b/a Infiniti of Kirkland (petitioner) v. Snyder (respondents). (11/17/09)

145 Wn. App. 333 (2008)

Counties—Land Use Controls—Growth Management Act—Rural Area Development—Allowable Density

Whether the Growth Management Hearings Board improperly relied on a bright-line rule of one dwelling per five acres in establishing permissible rural densities in Whatcom County.

No. 80810-4, Gold Star Resorts, Inc. (petitioner) v. Futurewise (respondent) (see also Counties—Land Use Controls—Growth Management Act—Rural Area Development—Limited Areas of More Intensive Development—Vested Developments). (9/22/09)

140 Wn. App. 378 (2007)

Counties—Land Use Controls—Growth Management Act—Rural Area Development—Limited Areas of More Intensive Development—Vested Developments

Whether vested developments may be considered in establishing the boundaries of limited areas of more intensive rural development under the Growth Management Act.

No. 80810-4, Gold Star Resorts, Inc. (petitioner ) v. Futurewise (respondent) (see also Counties—Land Use Controls—Growth Management Act—Rural Area Development—Allowable Density). (9/22/09)

140 Wn. App. 378 (2007)

Criminal Law—Arrest—Seizure—What Constitutes

Whether a police officer seized a defendant when he approached the defendant on a sidewalk late at night, asked to speak with him, told him to keep his hands out of his pockets, and, with another officer standing nearby, asked to pat him down for weapons.

No. 81719-7, State (respondent) v. Harrington (petitioner). (9/17/09)

144 Wn. App. 558 (2008)

Criminal Law—Controlled Substances—Punishment—Doubling for Location of Crime—Distance Measurements—Measuring Wheel—Foundation—Sufficiency

Whether, in a prosecution for delivery of a controlled substance within 1,000 feet of a school bus stop, the trial court erred in admitting testimony on bus stop distances without requiring the State to show that the device used to measure the distances was accurate and reliable.

No. 81633-6, State (respondent) v. Bashaw (petitioner). (9/17/09)

144 Wn. App. 196 (2008)

Criminal Law—Court of Limited Jurisdiction—Probation—Review Hearing—Failure to Appear—Bench Warrant—Probable Cause for Probation Violation—Necessity

Whether a bench warrant issued by a municipal court for failure to appear at a probation violation hearing must be supported by probable cause.

No. 81594-1, State (respondent) v. Erickson (petitioner). (10/27/09)

143 Wn. App. 660 (2008)

Criminal Law—Discovery—Protective Order—Computer Files—Inadequate Access—Harmless Error

Whether the trial court in a prosecution for possession of sexually explicit images of children provided the defendant inadequate access to the images on his computer for forensic analysis, and if so, whether the error was harmless.

No. 81449-0, State (petitioner) v. Grenning (petitioner). (9/15/09)

142 Wn. App. 518 (2008)

*Criminal Law—Harassment—“True Threat”—Instruction—Absence—Harmless Error

Whether the trial court in a prosecution for felony harassment committed prejudicial error in failing to instruct the jury on the definition of true threat.

No. 81864-9, State (respondent) v. Schaler (petitioner). (11/16/09)

145 Wn. App. 628 (2008)

Criminal Law—Jury—Selection—Peremptory Challenges—Race Based—Proof—Prima Facie Case—What Constitutes

Whether the State’s peremptory removal of the sole remaining African American potential juror in a criminal prosecution required the trial court to inquire whether the State had a race-neutral reason for the removal.

No. 80037-5, State (respondent) v. Rhone (petitioner). (10/13/09)

Criminal Law—Juveniles—Custodial Interference—Elements—Validity of Custody Order—Lawful Right to Custody—Knowledge

Whether in a prosecution for first degree custodial interference, the State had to prove the validity of a court order giving physical custody of the child to the Department of Social and Health Services and that the defendant knew the department had the right to physical custody of the child.

No. 81897-5, State (respondent) v. Boss (petitioner). (10/13/09)

144 Wn. App. 878 (2008)

Criminal Law—Punishment—Sentence—Conditions—Lifetime No Contact With Biological Child—Validity

Whether a defendant who was convicted of kidnapping his biological child was deprived of his constitutional right to parent by a sentence condition prohibiting the defendant from having contact with the child for the defendant’s life.

No. 81244-6, In re Pers. Restraint of Rainey, Shawn Rainey (petitioner); State (respondent). (10/29/09)

Criminal Law—Right to Counsel—Right to Proceed Pro Se—Assertion of Right—Before Trial—Effect

Whether the trial court violated a criminal defendant’s right to represent himself by twice denying his pretrial requests to proceed pro se and instead appointing new defense counsel.

No. 81450-3, State (respondent) v. Madsen (petitioner). (9/15/09)

Criminal Law—Sexual Offenses—Rape—Victim—Impeachment—Collateral Matters—Victim’s Attempt to Contact Defendant

Whether in a prosecution for rape the trial court properly excluded proposed testimony that the victim tried to contact the defendant after the incident on the ground that the testimony was an improper attempt to impeach the victim on a collateral issue.

No. 82226-3, State (respondent) v. Aguirre (petitioner) (see also Criminal Law—Weapon—Enhanced Punishment—Double Jeopardy—Weapon as Element of Crime). (10/29/09)

Criminal Law—Stalking—Elements—“Repeatedly Follows”—Two or More Separate Occasions—Repeated Incidents Over Short Span of Time

Whether a defendant commits the crime of stalking for “repeatedly” following another if there are multiple encounters over a short span of time.

No. 81688-3 (consol. w/81689-1), State (respondent) v. Kintz (petitioner). (10/27/09)

144 Wn. App. 515 (2008)

Criminal Law—Weapon—Enhanced Punishment—Double Jeopardy—Weapon as Element of Crime

Whether double jeopardy principles were violated in a second degree assault prosecution when the defendant’s use of a weapon was both an element of the charge and the basis for imposing a deadly weapon sentence enhancement.

No. 82226-3, State (respondent) v. Aguirre (petitioner) (see also Criminal Law—Sexual Offenses—Rape—Victim—Impeachment—Collateral Matters—Victim’s Attempt to Contact Defendant). (10/29/09)

Criminal Law—Weapon—Enhanced Punishment—Firearm—Double Jeopardy—Weapon as Element of Crime

Whether double jeopardy principles were violated in a second degree assault prosecution when the defendant’s use of a firearm was both an element of the charge and the basis for imposing a firearm sentence enhancement

No. 82111-9, State (respondent) v. Kelley (petitioner). (10/29/09)

*Damages—Future Damages—Earnings—Factors—Immigration Status—Relevance

Whether evidence of a plaintiff’s immigration status is admissible in a personal injury suit claiming future wage loss.

No. 81590-9, Salas (petitioner) v. Hi-Tech Erectors (respondent). (11/16/09)

143 Wn. App. 373 (2008)

Dismissal and Nonsuit—Failure to State Claim—Test

Whether the standard of review applicable to federal civil actions announced in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007), applies to Washington state court decisions under Superior Court Civil Rule 12(b)(6).

No. 81896-7, McCurry (petitioner) v. Chevy Chase Bank, F.S.B. (respondent)
(see also Financial Institutions—Federally Chartered Savings Banks—Loan-Related Activities—Federal Regulation—Preemption of State Law—Fax and Notary Fees). (11/10/09)

144 Wn. App. 900 (2008)

Evidence—Expert Testimony—Scientific Evidence—Impeachment—Factual Findings Entered by Different Court in Unrelated Proceeding

Whether in a sexually violent predator commitment trial the court erred in allowing the State to impeach an expert witness’s scientific methodology with factual findings critical of the expert’s methodology entered in an unrelated proceeding.

No. 81769-3, In re Det. of Pouncy, Curtis Pouncy (respondent); State (petitioner) (see also Mental Health—Involuntary Commitment—Sexually Violent Predators—Trial—Instructions—Definitions—“Personality Disorder”—Necessity). (9/17/09)

144 Wn. App. 609 (2008)

Financial Institutions—Federally Chartered Savings Banks—Loan-Related Activities—Federal Regulation—Preemption of State Law—Fax and Notary Fees

Whether a state Consumer Protection Act suit challenging a federally chartered bank’s fax and notary fees is preempted by federal law regulating “loan-related fees.” See 12 C.F.R. § 560.2.

No. 81896-7, McCurry (petitioner) v. Chevy Chase Bank, F.S.B. (respondent)
(see also Dismissal and Nonsuit—Failure To State Claim—Test). (11/10/09)

144 Wn. App. 900 (2008)

Financial Institutions—Letters of Credit—Underlying Relationships—U.C.C.—Warranty Provisions—Scope of Goverance—Application of Common Law

Whether a financier who authorized his bank to issue a letter of credit to a credit union on behalf of a developer could sue the credit union for damages and equitable relief after the developer defaulted on the letter of credit agreement, and if so, whether all of the financier’s common law claims were preempted by breach of warranty provisions of the Uniform Commercial Code. See RCW 62A.5-110(1)(b).

No. 81833-9, Alhadeff (respondent) v. Kitsap Cmty. Fed. Credit Union d/b/a Kitsap Credit Union (petitioner). (9/24/09)

144 Wn. App. 928 (2008)

Government—Torts—Action Against Public Officer—Quasi-Judicial Immunity—Applicability—Courthouse Security Officers

Whether a deputy sheriff carrying out a judge’s order to escort a criminal defendant to jail is protected by quasi-judicial immunity from tort liability arising from the defendant’s attempted escape.

No. 81672-7, Lallas (respondent) v. Skagit County (petitioner). (10/20/09)

144 Wn. App. 114 (2008)

* Indians—Jurisdiction—Non-Indian Fee Land

Whether the superior court erred in refusing to enforce a Quinault Indian tribal court land use order on grounds that the Quinault Indian Nation lacks regulatory jurisdiction over non-Indian owners of fee land within the reservation.

No. 82410-0, Quinault Indian Nation & Quinault Planning Comm’n (appellants) v. Sea Crest Land Dev., Inc. & Jack A. Glaubert (respondents). (Stricken)

Industrial Insurance—Claims—Non-English-Speaking Claimant—Interpreter Services—Necessity—Scope

Whether the Department of Labor and Industries and the Board of Industrial Insurance Appeals must provide interpreter services to non-English speaking industrial insurance claimants at all administrative stages of a claim, including communications with counsel and discovery in connection with appeals to the board.

No. 81478-3 (consol. w/81480-5, 81481-3, 81758-8 & 81759-6), Kustura, Lukić, and Memišević (petitioners) v. Dep’t of Labor & Indus. (respondent); Meštrovac (petitioner) v. Dep’t of Labor & Indus. (respondent); Ferenćak (petitioner) v. Dep’t of Labor & Indus. (respondent); Resulović (petitioner) v. Dep’t of Labor & Indus. (respondent); Mašić (petitioner) v. Dep’t of Labor & Indus. (respondent). (10/20/09)

142 Wn. App. 655 (2008) (Kustura, Lukić, and Memišević)
142 Wn. App. 693 (2008) (Meštrovac)
142 Wn. App. 713 (2008) (Ferenćak)

*Industrial Insurance—Third Person Action—Reimbursement of State or Self-Insurer—Pain and Suffering Damages—Constitutionality

Whether the State may seek reimbursement for workers’ compensation benefits paid to a claimant out of an award of damages for pain and suffering recovered by the claimant from a third party tortfeasor.

No. 81946-7, Tobin (respondent) v. Dep’t of Labor & Indus. (petitioner). (11/16/09)

145 Wn. App. 607 (2008)

Juveniles—Parental Relationship—Termination—Improvement of Parent—State Services

Whether in this action to terminate parental rights the State offered the parent all services reasonably necessary to correct the parent’s identified deficiencies.

No. 81720-1, In re Dep. of Singleton, Amy Singleton (petitioner); DSHS (respondent). (10/13/09)

Landlord and Tenant—Breach of Lease—Failure to Maintain Premises—Damages—Economic Loss Rule—Applicability

Whether the economic loss rule, which bars tort claims for purely economic damages arising from contractual agreements, bars a lessor’s claims against a lessee for negligence and waste arising from the failure to properly maintain the leased premises.

No. 81977-7, Eastwood d/b/a Double KK Farm (petitioner) v. Horse Harbor Found., Inc., et al. (respondents). (9/24/09)

Landlord and Tenant—Mobile Homes—Recreational Vehicles—Permanent Residences—Local Prohibition—Validity—Manufactured/Mobile Home Landlord Tenant Act

Whether the Manufactured/Mobile Home Landlord Tenant Act preempts a city of Pasco ordinance prohibiting the siting of recreational vehicles for residential purposes within mobile home parks.

No. 81636-1, Lawson (petitioner) v. City of Pasco (respondent). (9/22/09)

144 Wn. App. 203 (2008)

Medical Treatment—Osteopath—Professional Service Corporation—Ownership of Physical Therapy Clinic—Validity

Whether orthopedic physicians operating as a professional service corporation violated the Professional Services Corporate Act (chapter 18.100 RCW), the antirebate statute (chapter 19.68 RCW), or the common law practice of medicine doctrine by owning and operating a separate physical therapy clinic.

No. 81734-1, Columbia Physical Therapy, Inc. (petitioner) v. Benton Franklin Orthopedic Assocs. (respondent). (11/17/09)

Mental Health—Involuntary Commitment—Sexually Violent Predators—Discharge or Release—Show Cause Hearing—Statutory Provisions—Validity—Due Process—Separation of Powers

Whether a 2005 amendment to RCW 71.09.090, which altered the proof that a person committed as a sexually violent predator must present to justify a trial on whether he should be released from commitment, violates due process and separation of powers principles.

No. 81644-1, In re Det. of McCuistion, David McCuistion (petitioner); State (respondent) (see also Mental Health—Involuntary Commitment—Sexually Violent Predators—Discharge or Release—Show Cause Hearing—Role of Court). (10/20/09)

Mental Health—Involuntary Commitment—Sexually Violent Predators—Discharge or Release—Show Cause Hearing—Role of Court

Whether the superior court improperly weighed the evidence at a show cause hearing to determine whether a person committed as a sexually violent predator was entitled to an evidentiary hearing on his continued commitment.

No. 81644-1, In re Det. of McCuistion, David McCuistion (petitioner); State (respondent) (see also Mental Health—Involuntary Commitment—Sexually Violent Predators—Discharge or Release—Show Cause Hearing—Statutory Provisions—Validity—Due Process—Separation of Powers). (10/20/09)

Mental Health—Involuntary Commitment—Sexually Violent Predators—Trial—Instructions—Definitions—“Personality Disorder”—Necessity

Whether in a sexually violent predator commitment trial the jury must be instructed on the meaning of “personality disorder.”

No. 81769-3, In re Det. of Pouncy, Curtis Pouncy (respondent); State (petitioner) (see also Evidence—Expert Testimony—Scientific Evidence—Impeachment—Factual Findings Entered by Different Court in Unrelated Proceeding). (9/17/09)

144 Wn. App. 609 (2008)

Municipal Corporations—Taxation—Local Tax—Natural Gas Use Tax—“Use”—What Constitutes

Whether a manufacturer operating within the city of Tacoma was subject to the city’s local natural gas use tax when it consumed the gas within the city but first took delivery and control of the gas in cities that did not impose a local natural gas use tax.

No. 81995-5, G-P Gypsum Corp. (respondent) v. Dep’t of Revenue (petitioner). (11/17/09)

144 Wn. App. 664 (2008)

Municipal Corporations—Torts—Nonclaim Statutes—Compliance—Content of Claim—Amount of Damages—Claimant’s Residence

Whether a claimant suing the city of Marysville substantially complied with the municipal tort claim filing statute when he specified his damages as “undetermined pending further investigation and discovery,” and listed a residence that he occupied for only two months of the six-month period preceding accrual of his claim. See RCW 4.96.010(1); RCW 4.96.020(3).

No. 81959-9, Renner (respondent) v. City of Marysville (petitioner). (10/22/09)

145 Wn. App. 443 (2008)

Open Government—Public Disclosure—Denial—Amount—Determination—Factors

Whether the trial court abused its discretion in setting the amount of the daily penalty imposed on King County for violating the Public Records Act, and whether the amount of the penalty should depend on a multifactor test or a simple reasonableness standard.

No. 80081-2, Yousoufian (respondent) v. The Office of Ron Sims (petitioners). (9/22/09)

137 Wn. App. 69 (2007)

Personal Restraint—Petition—Timeliness—Statutory Limits—Exceptions—Facial Invalidity—What Constitutes—Order Correcting Judgment

Whether a judgment and sentence on a guilty plea may be collaterally challenged beyond the one-year time limit on collateral attack based on the erroneous imposition of community placement, even though the original judgment and sentence was soon corrected to remove the term of community placement.

No. 81522-4, In re Pers. Restraint of Clark, Steven J. Clark (respondent); State (petitioner). (9/17/09)

Personal Restraint—Prison Discipline—Prejudice—Necessity

Whether a prisoner challenging a disciplinary action by personal restraint petition must show that he was actually and substantially prejudiced by constitutional error or that nonconstitutional error occurred inherently resulting in a complete miscarriage of justice.

No. 82194-1, In re Pers. Restraint of Grantham, James Grantham (petitioner); State (respondent). (10/13/09)

Taxation—Excise Tax—Enhanced 911 Emergency Communication Services Tax—Application—Prepaid Wireless Telephone Subscriptions

Whether the E-911 tax statute, chapter 82.14B RCW, applies to prepaid wireless telephone subscribers.

No. 82741-9, Tracfone Wireless, Inc. (appellant) v. State of Wash., Dep’t of Revenue (respondent). (11/10/09)

Trial—Right to Public Trial—Involuntary Commitment—Hearing—Closure—Court Rule—Validity

Whether Superior Court Mental Proceedings Rule (MPR) 1.3, which requires mental health commitment proceedings to be closed to the public unless closure is waived, violates the public’s right of open access to the courts under article I, section 10 of the Washington Constitution.

No. 81687-5, In re Det. of D.F.F., State (petitioner); D.F.F. (respondent). (9/15/09)

144 Wn. App. 214 (2008)