Court Filings

The Washington Supreme Court decided whether RCW 9.94A.640 permits a person who remains incarcerated on a separate conviction to seek vacation of earlier convictions and whether applicants must present evidence of rehabilitation. The court held that the statute’s time bars require release from complete confinement on all convictions before the statutory crime-free period runs, so a person never released into the community is ineligible. The court also held, following State v. Hawkins, that courts must consider evidence of rehabilitation and that applicants should present such evidence for a court to exercise its discretion. The case is remanded consistent with that ruling.

The Washington Supreme Court reviewed whether the six-year construction statute of repose (RCW 4.16.300-.310) bars estate claims by the executor of Lee Hetterly, who developed fatal mesothelioma decades after working at ARCO’s Cherry Point refinery. The court held that claims arising from Brand Insulations’ construction work installing asbestos-containing insulation during refinery construction are time-barred by the statute of repose, but claims premised on Brand’s role as a product seller or negligent supplier are not barred. The court affirmed in part, reversed in part, and remanded for further proceedings consistent with that division of claims.

The Court of Appeals granted the Department of Labor and Industries’ motion for reconsideration, withdrew its prior opinion, and issued a new published opinion. The court held that Cache Valley Electric violated WAC 296-45-255(7) by making expired rubber protective blankets available at a worksite, and therefore reinstated the Department’s citation and penalty for that item. The court also upheld the Board’s serious-violation finding and penalty assessment for an employee operating a chainsaw within the minimum approach distance of an energized line, concluding the Board did not abuse its discretion in weighing the high probability of harm given how close the chainsaw came to the line. The result: the judgment was reversed in part (vacated Board finding on blankets) and affirmed in part (chainsaw violation).

The Washington Court of Appeals reviewed Harlan Blackburn’s convictions for multiple counts of incest and child rape. The court held that police violated his state constitutional privacy rights by obtaining hotel and purchase data without a warrant, but that the admission of that evidence was harmless. It reversed one conviction (Count 8 for incest in the first degree) for insufficient evidence as to the specific dates charged, affirmed the other convictions, and remanded for resentencing on Counts 2, 3, 5, 6, and 7 because the combined confinement and community custody terms exceeded statutory maximums. The court explained which testimony supported each upheld conviction and the basis for the sentencing remand.

The Court of Appeals reviewed a challenge to the Department of Natural Resources’ (DNR) determination of nonsignificance for the Wishbone Timber Sale, a proposed harvest of about 100 acres within a larger sustainable harvest plan. The court held the DNS was not clearly erroneous and struck the lower court’s order requiring a site-specific climate impact assessment. However, it held DNR must perform an alternatives analysis under RCW 43.21C.030(2)(e) because the sale presents an actual choice of uses for the trees at the sale site. The case is partially reversed, partially affirmed, and remanded for that limited compliance.