Legal Opinion · Dissent

In Re the Personal Restraint of Plunkett

Court of Appeals of Washington

Decided March 19, 1990No. 23435-8-IPublished

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

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. State v. GrisbyWashington Supreme Court · 1982
  3. Addleman v. Board of Prison Terms and ParolesWashington Supreme Court · 1986
  4. In Re the Personal Restraint of ReismillerWashington Supreme Court · 1984
  5. In Re the Personal Restraint of AyersWashington Supreme Court · 1986

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