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20 opinions for “Pierce v. Hamilton”
Nissen v. Pierce Countypublic domain
Yu, J. ¶1 Five years ago, we concluded that the Public Records Act (PRA), chapter 42.56 RCW, applied to a record stored on a personal computer, recognizing that “[i]f government employees could circumvent the PRA by using their home computers for government business, the PRA could be drastically undermined.” O’Neill v. City of Shoreline, 170 Wn.2d 138, 150, 240 P.3d 1149 (2010). Today, we consider if the PRA similarly ap
James Freeman v. Guy Piercepublic domain
BAUER, Circuit Judge. For over forty years, the Supreme Court has recognized that the Sixth Amendment implicitly entails a right to self-representation. Faretta v. California, 422 U.S. 806, 819, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). When Petitioner James Freeman, charged in Illinois state court with kidnapping and murder, filed a motion to proceed pro se, t
Thomas v. Pierce, Hamilton, and Stern, Inc.public domain
967 F.Supp. 507 (1997) Ronald THOMAS v. PIERCE, HAMILTON, AND STERN, INC.; Charles "Chuck" Wynn; and Allen Ward. Civil No. 1:96-cv-1616-WCO. United States District Court, N.D. Georgia, Atlanta Division. May 16, 1997. Karl Gregory Faerber, Faerber Law Firm, Alpharetta, GA, for Plaintiff. Bryan F. Dorsey, Office of Thomas E. McCarter, Atlanta, GA, for Defendant
Kelley v. Pierce Countypublic domain
Johanson, A.C.J. ¶1 On discretionary review, we are asked whether quasi-judicial immunity should apply to Mark Skagren,1 a guardian ad litem (GAL) appointed in a parental termination action who is alleged to have “used his authority, tasks, tools and premises of his job and assignment to stalk, prey [on], assault, batter and sexually harass” Joyce Kelley. Clerk’s Papers (CP) at 2. Pierce County (Coun
Nissen v. Pierce Countypublic domain
Hunt, J. ¶1 Glenda Nissen appeals the superior court’s CR 12(b)(6) dismissal of her Public Records Act (PRA)1 action against Pierce County and the Pierce County Prosecutor’s Office (County); she also appeals several other related superior court orders. At issue is whether a government employee’s private cellular telephone call log records and text messages are “public records” subject to disclosure u
Arthur West v. Pierce County Councilpublic domain
Sutton, J. ¶1 Arthur West filed a complaint against the Pierce County Council (Council), alleging violations of the Open Public Meetings Act of 1971 (OPMA). 1 He appeals the superior court’s order granting the Council’s motion for summary judgment and dismissing his complaint with prejudice. In the published portion of this
Birnbaum v. Pierce Countypublic domain
274 P.3d 1070 (2012) 167 Wn. App. 728 Wendy BIRNBAUM, Appellant, v. PIERCE COUNTY, a political subdivision of the state of Washington, Respondent. No. 66322-4-I. Court of Appeals of Washington, Division 1. April 16, 2012. *1071 Charles A. Klinge, Brian D. Armsbary, Groen Stephens & Klinge LLP, Bellevue
Terry Pierce v. Carolyn Colvinpublic domain
HAMILTON, Circuit Judge. Terry Pierce, a former waitress with back problems, seeks judicial review of the denial of her application for disability insurance benefits and supplemental security income. Because the ALJ’s assessment of Pierce’s credibility was flawed in several respects, we reverse and remand for further proceedings. Pierce claims that she i
Steven D. Lisle, Jr. v. Guy Piercepublic domain
HAMILTON, Circuit Judge. Petitioner Steven D. Lisle, Jr. was convicted of first degree murder and aggravated battery with a firearm and was sentenced to 37 years in prison. He seeks a writ of habeas corpus because he contends that the state trial court admitted as evidence testimonial statements made by the surviving victim in violation of the Confrontation Clause of the Sixth A
Koenig v. Pierce Countypublic domain
Becker, J. ¶1 Appellant David Koenig requested records from the Pierce County prosecutor relating to a particular criminal investigation. The prosecutor’s office refused to provide portions of the records based on the work product exemption in the Public Records Act, chapter 42.56 RCW. We affirm the trial court’s conclusion that the prosecutor did not violate the act.
Beaupre v. Pierce Countypublic domain
¶1 Pierce County appeals a trial court's denial of its motion for summary judgment. Pierce County contends that the trial court erred as a matter of law in ruling that the professional rescue doctrine does not bar Sergeant Curtis Beaupre's suit against Pierce County for injuries sustained when a fellow Pierce County sheriff's officer struck him with a patrol car during a hot pursuit. We hold as a matter of law that the professional rescue doctrine does not bar Beaupre's suit against h
Pierce v. Prop. & Cas. Ins. Co. of Hartfordpublic domain
PAUL G. BYRON, UNITED STATES DISTRICT JUDGE *1303Plaintiffs Dirk and Phyllis Pierce (the "Pierces"), Florida residents, sue Defendant Property and Casualty Insurance Company of Hartford ("Hartford"), a Connecticut Corporation, for breach of an insurance policy contract covering property located in Ellijay, Georgia. Currently before the Court
Gulley v. Pierce & Associates, P.C.public domain
ORDER Victor Gulley appeals the dismissal of his complaint against U.S. Bank National Association, as Trustee of the BNC Mortgage Loan Trust 2007-1, and two law firms, Codilis & Associates, P.C. and Pierce & Associates, P.C., for alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p, which protects debtors against harassment and unfair collection methods. He further claims that U.S. Bank violate
Guillen v. Pierce Countypublic domain
¶1 The Guillens brought two identical suits against Pierce County, voluntarily dismissed both under CR 41(a)(1)(B), and refiled the same suit a third time. Pierce County appeals the trial court’s denial of its CR 12(b)(1) motion to dismiss the third suit under CR 41(a)(4), the “two dismissal rule.” Because under CR 41(a) a plaintiff’s second unilateral voluntary dismissal is automatically with prejudice, and because the Guillens have not shown that the Co
Hamilton v. Donahuepublic domain
PER CURIAM. Appellants, who are distributees of a terminated marital trust, challenge an order appointing a successor trustee to the trust. The trust provided for income to the settlor for life and termination of the trust upon the income beneficiary’s death. The income beneficiary is now deceased. A trustee is needed to wind up the trust because the previous trustees resigned.
TINDER, Circuit Judge. Leroy Johnson, the administrator of the Shirley T. Sherrod MD PC Target Benefit Pension Plan and Trust (hereinafter “the Plan”), brings this suit against the Plan’s custodian, Merrill Lynch, Pierce, Fenner & Smith, Inc. (hereinafter “Merrill Lynch”). Despite the fact that he is the Plan’s administrator and sole fiduciary, Johnson alleges that Merrill Lyn
Pierce County v. Guillenpublic domain
537 U.S. 129 (2003) PIERCE COUNTY, WASHINGTON v. GUILLEN, LEGAL GUARDIAN OF GUILLEN ET AL., MINORS, ET AL. No. 01-1229. Supreme Court of United States. Argued November 4, 2002. Decided January 14, 2003. CERTIORARI TO THE SUPREME COURT OF WASHINGTON. *130 *131 THOMAS, J., deliv
Pierce v. Hamiltonpublic domain
Chiee Justice Musser delivered the opinion of the court: This writ of error is directed to a judgment of the district court, rendered in a certiorari proceeding, wherein the court denied a motion to quash the writ and ordered the county court of Rio Grande County to set aside a judgment theretofore rendered by it and allow a defense to be made in the action. The record of the county
Guillen v. Pierce Countypublic domain
Madsen, J. (concurring) — Privileges are the exception, not the rule, and therefore, they are “not lightly created nor expansively construed, for they are in derogation of the search for the truth.” United States v. Nixon, 418 U.S. 683, 710, 94 S. Ct. 3090, 41 L. Ed. 2d 1039 (1974). Today our court sidesteps this admonition and construes 23 U.S.C. § 409 in a sweeping manner, far beyond that intended and, most importan
State v. Piercepublic domain
[Cite as State v. Pierce, 2024-Ohio-5357.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO BROWN COUNTY STATE OF OHIO, : Appellee, : CASE NO. CA2023-12-015 : OPINION - vs -