In its August 5, 2013 conference, the Washington Supreme Court granted, continued, or deferred consideration of petitions for review in the following cases:

Case & Background Issue(s)
State v. Boysen
88611-3
41875-4-II
CONTINUED (Sept. 4, 2013 En Banc Conference)
Petition for Review

Boysen was convicted of drive-by shooting and second-degree assault after the driver of the vehicle in which Boysen was riding agreed to testify against Boysen in exchange for a reduced charge and correspondingly shorter sentence. Although the Court of Appeals agreed that the trial court erred in not allowing Boysen to question this testifying witness about the amount of prison time he avoided through this plea bargain, the Court of Appeals ruled such error was harmless.

1. Whether Boysen’s right of confrontation was violated by a prohibition on specific reference to the testifying witness’s reduced sentence through plea bargain.2. Whether the prosecutor improperly vouched for the testifying witness by asking whether he had entered into an plea bargain requiring him to testify truthfully.
State v. Sweat
88663-6
66836-6-I
GRANTED

Sweat had five prior convictions of domestic abuse. The prior convictions related to victims different from the victim in the current domestic abuse charge against Sweat.

1. Whether the aggravating factor in RCW §9.94A.535(3)(h)(i) applies only in situations of multiple incidents of abuse of the same victim or may it apply in multiple instances of abuse of multiple victims?
State v. Hassan
876252-5
66376-3-I
GRANTED & REMANDED for reconsideration in light of State v. Ortega, 177 Wn.2d 116
Petition for Review

An observing officer radioed to two other officers the identity of Hassan, whom the observing officer had witnessed trafficking drugs. The other two officers arrested Hassan and subjected him to a search incident to arrest, which revealed cocaine on Hassan’s person.

1. Whether an arresting officer, other than the officer that observed the criminal activity, subject the arrested person to a search incident to arrest under RCW 10.31.100?
State v. Manion
88609-I
67706-3-I
DEFERRED pending State v. Lui, No. 84045-8
Petition for Review

Manion received an order of disposition for unlawful possession of a firearm based, in part, DNA evidence.

1. Whether the admission of DNA evidence violated the Confrontation Clause, when the DNA analyst who originally examined the evidence was unavailable but a DNA expert who peer reviewed the evidence testified as to her independent opinion.