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State v. Cross
OPINION TEXT STARTS HERE
Prior report: 156 Wash.App. 568, 234 P.3d 288.
ORDER
For the Court
CHIEF JUSTICE
¶ 1 Department II of the Court, composed of Chief Justice Madsen and Justices Alexander, Owens, J.M. Johnson and Wiggins, considered at its September 6, 2011, Motion Calendar, whether review should be granted pursuant to RAP 13.4(b), and unanimously agreed that the following order be entered.
¶ 2 IT IS ORDERED:
¶ 3 That the Petition for Review is granted only on the car search issue and the case is remanded to the Court of Appeals Division Two for reconsideration in light of Supreme Court No. 83525–0, State of Washington v. Robinson, 171 Wash.2d 292, 253 P.3d 84 (2011).
/s/ Madsen, C.J.
5 cases
Beach TV Props., Inc. v. Solomon
"... ... Solomon was negligent when he filed the incomplete form, and now moves for summary judgment as to Mr. Solomon's liability. In his cross-motion for summary judgment, Mr. Solomon argues that ACI cannot recover because its malpractice claim is barred by the statute of limitations, ... 1982). "Where, as here, ‘the substantive law of the forum state is uncertain or ambiguous, the job of the federal courts is carefully to predict how the highest court of the forum state would resolve the ... "
State v. Mylan
"... ... that the person threatened must subjectively fear that the ... threat will be carried out and that the victim's fear ... must be reasonable based on an objective standard, ... considering all the facts and circumstances of the case ... See State v. Cross , 156 Wn.App. 568, 582, 234 P.3d ... 288 (2010), ... cause remanded on other grounds , 172 Wn.2d 1009, 260 ... P.3d 208 (2011); State v. E.J.Y. , 113 Wn.App. 940, ... 953, 55 P.3d 673 (2002) ... 2 ... Standard of Review ... "
State v. Skald
"... ... cert. denied, 138 S.Ct. 313 (2017). The defendant ... need not know that the threat will be communicated to the ... victim. Id. at 906 ... Second, ... the person threatened must subjectively fear that the threat ... will be carried out. See State v. Cross, 156 Wn.App ... 568, 582, 234 P.3d 288 (2010), cause remanded on other ... grounds, 172 Wn.2d 1009, 260 P.3d 208 (2011); State ... v. E.J.Y., 113 Wn.App. 940, 953, 55 P.3d 673 (2002) ... Third, ... the threat made and the threat feared must generally be the ... same. State v. C.G., ... "
State v. Skald
"... ... denied, 138 S. Ct. 313 (2017). The defendant need not know that the threat will be communicated to the victim. Id. at 906. Second, the person threatened must subjectively fear that the threat will be carried out. See State v. Cross, 156 Wn. App. 568, 582, 234 P.3d 288 (2010), cause remanded on other grounds, 172 Wn.2d 1009, 260 P.3d 208 (2011); State v. E.J.Y., 113 Wn. App. 940, 953, 55 P.3d 673 (2002). Third, the threat made and the threat feared must generally be the same. State v. C.G., 150 Wn.2d 604, 609, ... "
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5 cases
Beach TV Props., Inc. v. Solomon
"... ... Solomon was negligent when he filed the incomplete form, and now moves for summary judgment as to Mr. Solomon's liability. In his cross-motion for summary judgment, Mr. Solomon argues that ACI cannot recover because its malpractice claim is barred by the statute of limitations, ... 1982). "Where, as here, ‘the substantive law of the forum state is uncertain or ambiguous, the job of the federal courts is carefully to predict how the highest court of the forum state would resolve the ... "
State v. Mylan
"... ... that the person threatened must subjectively fear that the ... threat will be carried out and that the victim's fear ... must be reasonable based on an objective standard, ... considering all the facts and circumstances of the case ... See State v. Cross , 156 Wn.App. 568, 582, 234 P.3d ... 288 (2010), ... cause remanded on other grounds , 172 Wn.2d 1009, 260 ... P.3d 208 (2011); State v. E.J.Y. , 113 Wn.App. 940, ... 953, 55 P.3d 673 (2002) ... 2 ... Standard of Review ... "
State v. Skald
"... ... cert. denied, 138 S.Ct. 313 (2017). The defendant ... need not know that the threat will be communicated to the ... victim. Id. at 906 ... Second, ... the person threatened must subjectively fear that the threat ... will be carried out. See State v. Cross, 156 Wn.App ... 568, 582, 234 P.3d 288 (2010), cause remanded on other ... grounds, 172 Wn.2d 1009, 260 P.3d 208 (2011); State ... v. E.J.Y., 113 Wn.App. 940, 953, 55 P.3d 673 (2002) ... Third, ... the threat made and the threat feared must generally be the ... same. State v. C.G., ... "
State v. Skald
"... ... denied, 138 S. Ct. 313 (2017). The defendant need not know that the threat will be communicated to the victim. Id. at 906. Second, the person threatened must subjectively fear that the threat will be carried out. See State v. Cross, 156 Wn. App. 568, 582, 234 P.3d 288 (2010), cause remanded on other grounds, 172 Wn.2d 1009, 260 P.3d 208 (2011); State v. E.J.Y., 113 Wn. App. 940, 953, 55 P.3d 673 (2002). Third, the threat made and the threat feared must generally be the same. State v. C.G., 150 Wn.2d 604, 609, ... "
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