Thursday, April 14, 2005

Division One visits UW -- three cases on trial practice issues

Division One of the Washington Court of Appeals will hold a session at the UW School of Law on Thursday, April 21 -- William H. Gates Hall, Room 133, about 9:30-11:30. The oral arguments will obviously interest students of appellate advocacy, but note that three of the cases are about trial practice issues.

Here are case summaries from Career Services, which is hosting the visit (I've highlighted the trial practice issues):

Olea v. Swedish Medical Center 528459: Raises issues developed during a trial on a personal injury matter, including: the correct number of peremptory challenges; the failure to provide curative instructions; discovery/production issues and prejudice; jury instructions; and the showing of an allegedly graphic video to the jury.

Washington v. Johnson 510053: Raises issues challenging a criminal defendant's decision to represent himself despite evidence before the trial court that the defendant may have been incompetent.

Washington v. Leonard 536699: Challenges jury instructions on elements required for second degree assault conviction. Contends the evidence was insufficient to convict defendant of "assault with intent to commit burglary." Argues that convictions for second degree assault and first degree burglary violate double jeopardy principles.

Kleiner v. Sears Roebuck & Co. 541391: Raises issue whether the store is liable for acts of security personnel who are chasing a suspect accused of stealing from the store. (Security guards got into appellant's vehicle in the parking lot while chasing a suspect and asked him to follow the suspect's car. During the chase, the suspect hit appellant's car and injured him.)

Larkin v. City of Medina 547640: A challenge to the city's decision to grant a property owner a "historical use permit" to tear down an allegedly historical building in order to build a coffee shop and laundry.

Full briefing is available to UW students in .pdf (electronic) form from the Career Services Center. Please email if you want a copies of a certain case's briefs emailed to you. Please use the docket # to request.

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