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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

State v. City of Sunnyside (2024)

Citation
State v. City of Sunnyside (2024)
Parent Document
State v. City of Sunnyside (2024)
Jurisdiction
Washington (state)
Effective Date
2024-06-20

Other Sections in This Document (941)

Full Text

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801(d). The respondents concede that statements attributed to the individual officers could be
admissible as statements of party opponents. Wash. Sup. Ct. oral arg., State v. Sunnyside et al.,
No. 101205-5 (June 15, 2023), at 31 min., 39 sec. to 32 min., 25 sec., audio recording by TVW,
Washington                 State’s            Public              Affairs              Network,
https://www.tvw.org/watch/?clientID=9375922947&eventID=2023061145&startStreamAt=1899
&stopStreamAt=1945; see ER 801(d)(2); Momah v. Bharti, 144 Wn. App. 731, 750, 182 P.3d 455
(2008). On remand, the trial court will consider any admissibility challenges when the evidence
is offered for particular purposes. On review of the summary judgment order, though, we must
engage the same inquiry as the superior court and consider “all the evidence.” Clements, 121
Wn.2d at 249. Therefore, we consider the entire summary judgment record, as did the superior
court. 2 CP at 852-53. 16
State v. City of Sunnyside et al.
No. 101205-5 A.      Matters of Public Concern