Cases

FILED OCTOBER 28, 2021 In the Office of the Clerk of Court WA State Court of Appeals, Division III IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE STATE OF WASHING

Filed Washington State Court of Appeals Division Two

Fearing, C.J. ¶16 (dissenting) — Charles Fletcher, confined at Eastern State Hospital as the result of insanity at the time of a crime, appeals the superior court’s refusal to appoint him counsel to assist him in obtaining conditional release from confinement and the superior court’s refusal to grant him a hearing on his request for release. This court granted discretionary review on the question of whether a superior court shoul

268 P.3d 225 (2011) 172 Wn.2d 1023 FLETCHER v. STATE EX REL. UNIVERSITY OF WASHINGTON. No. 86277-0. Supreme Court of Washington, Department II. November 2, 2011. Disposition of Petition for Review Denied.

FAIRHURST, C.J. (concurring) ¶ 29 I agree with the majority's resolution of this case, but I write separately to point out two areas where I believe the majority says more than is necessary. First, I think that RCW 10.77.200(5) is plain on its face and thus there is no need to consider other aids of construction. The relevant portion of RCW 10.77.200(5) states, "Nothing contained in this chapter shall prohibit the patient from

Appeal from a judgment of the Superior Court for Grays Harbor County, No. 14-1-00207-9, F. Mark McCauley, J., entered October 17, 2014. Affirmed by unpublished opinion per Worswick, J., concurred in by Johanson, C.J., and Maxa, J.

Appeal from a judgment of the Superior Court for King County, No. 09-1-04416-0, Susan J. Craighead, J., entered August 3, 2011. Affirmed by unpublished opinion per Lau, J., concurred in by Spearman, A.C.J., and Becker, J.

Appeal from a judgment of the Superior Court for King County, No. 07-2-32823-8, William L. Downing, J., entered June 9, 2009. Affirmed by unpublished opinion per Lau, J., concurred in by Cox and Schindler, JJ.

CARL E. STEWART, Chief Judge: This case involves a lengthy history of desegregation litigation between the United States, Intervenor-Defendantr-Appellee Simpson County School District (the *598 “District”), and Intervenors-Plaintiffs-Ap-pellants (the “Intervenors”), a class representing current and

Appeal from a judgment of the Superior Court for King County, No. 04-1-06876-9, Bruce W. Hilyer, J., entered May 11, 2005. Reversed by unpublished per curiam opinion.

PER CURIAM: * We AFFIRM for essentially the reasons stated by the district court. Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

KELLY, Circuit Judge. Plaintiffs-Appellants, a certified class of Osage tribal members who own head-rights, appeal from the district court’s accounting order made pursuant to 25 U.S.C. § 4011. Fletcher v. United States, 153 F.Supp.3d 1354 (N.D. Okla. 2015). Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm. Background

OPINION AND ORDER GREGORY K. FRIZZELL, CHIEF JUDGE, UNITED STATES DISTRICT COURT In the early twentieth century, large quantities of oil and gas were discovered on lands belonging to the Osage Nation. Shortly thereafter, Congress enacted the Osage Allotment Act of 1906, see Act of June 28,1906, Pub. L. No. 59-321, 34 Stat. 539 (“Osage Allotment Act” or “1906 Act”), which severed the mineral estat

MEMORANDUM OPINION TERRENCE L. MICHAEL, Chief Judge. In the world of bankruptcy, a debtor’s discharge is rarely denied by summary judgment. Most grounds for denial of a discharge require a finding that a debtor intended to mislead, conceal, or deceive. Although there are some undisputed facts in almost every case, it is difficult to have no genuine dispute of fact regarding an individual’s subjective intent.

Appeal from a judgment of the Superior Court for King County, No. 03-1-04181-1, Paris K. Kallas, J., entered September 8, 2003. Affirmed by unpublished per curiam opinion.

671 F.3d 837 (2011) Loraine CAMPBELL, individually and as Personal Representative of the estate of Justine Booth, Plaintiff-Appellant, v. STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Defendant, and Lashonda Marie Mitchell, individually and in her official capacity acting under the color of state law; Murine Lee McGentry, individually and in her official capacity acting under the color of state law; Sonja Pate, Defendants-Appe

Becker, C.J. A court found Terri Fletcher’s son dependent after concluding that his failure to thrive was the result of Fletcher’s abuse or neglect. She appeals, and argues that the record shows only that she failed to respond to the inconsistent messages of social workers about nutrition. We find, however, that substantial evidence — includ*243ing the testimony of physic

GORSUCH, Circuit Judge. After settlers displaced the Osage Nation from its native lands, the federal government shunted the tribe onto the open prairie in Indian Territory, part of what later became the State of Oklahoma. At the time, the government had no idea those grasslands were to prove a great deal more fertile than they appeared. Only years later did the Osages’ mammoth r

MEMORANDUM ** In these consolidated appeals, Washington state prisoners Thomas Randall Har-grove and Michael Steven Novak appeal pro se from the district court’s judgment dismissing their 42 U.S.C. § 1983 action alleging First Amendment violations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal for failure to exhaust. O’Guinn v. Lovelock Corr. Ctr., 502

McKEOWN, Circuit Judge. In this 28 U.S.C. § 2254 habeas appeal, Ernest Lee Brazzel challenges, as a violation of the Double Jeopardy Clause, his retrial on an attempted murder charge, after his first jury remained silent on that charge, and convicted him of a lesser alternative offense. Two different juries have now convicted Brazzel of the lesser offense, first degree assault