In Re the Personal Restraint of Plunkett
Court of Appeals of Washington
1DissentWinsor, J.
(dissenting)—I respectfully dissent. My primary disagreement is with the majority's interpretation of the meaning of "present", as that word is used in WAC 137-28-090(7), which provides:
Where institution staff members are witnesses against the inmate, every effort shall be made to have such witnesses present to testify at the hearing: Provided, however, The written statements of such staff members may be considered in their absence upon a showing of good cause.
*240The majority concludes that for purposes of this regulation, a witness who testifies by telephone is "present". I disagree.
Undefined…
2Cases cited9 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- State v. GrisbyWashington Supreme Court · 1982
- Addleman v. Board of Prison Terms and ParolesWashington Supreme Court · 1986
- In Re the Personal Restraint of ReismillerWashington Supreme Court · 1984
- In Re the Personal Restraint of AyersWashington Supreme Court · 1986
4 more not listed; retrieve them via the Exa API.