At its October 1, 2013 conference, the Washington Supreme granted review to four cases. We provide a summary of the issues presented in each case below.

State v. Owens
Supreme Court No. 88905-8
Court of Appeals No. 67867–1–I
PFR & Answer

Issue:

Whether the Court of Appeals properly reversed a conviction for First Degree Trafficking in Stolen Property where:

  • the trial court instructed the jury to consider seven alternative means of committing the crime;
  • the trial court failed to either instruct the jury that they must reach unanimous agreement as to each alternative means or provide a special verdict form; and
  • the appellate court determined that at least one of the alternative means was not supported by substantial evidence.

State v. Condon
Supreme Court No. 88854-0
Court of Appeals No. 29710-1-III
State’s PFR
Answer

Issues:

  1. Did Condon’s conviction for aggravated first-degree murder infringe his Fourteenth Amendment right to due process because it was based on insufficient evidence of premeditation?
  2. Did the trial judge’s refusal to instruct on second-degree intentional murder violate Condon’s Fourteenth Amendment right to due process and his state constitutional right to a jury trial?

State v. Mendes
Supreme Court No. 88945-7
Court of Appeals No. 42161-5-II

Issues:

  1. Whether the trial court erred in declining defendant’s request for a ruling on whether defendant was entitled to self-defense instruction based on the State’s evidence alone, when such evidence established the defendant was the initial aggressor when he entered the decedent’s house uninvited, pointed a gun, and threatened to shoot the unarmed decedent.
  2. Whether the trial court compelled the defendant to testify by declining to rule whether the State’s evidence alone entitled him to a self-defense instruction, thereby violating the defendant’s constitutional rights to silence.

State v. Blazina
Supreme Court No. 89028-5
Court of Appeals No. 42728-1-II

Issues:

  1. Whether a criminal defendant has shown good cause to overcome the presumption that juror information is private when the criminal defendant shows that jurors assume a defendant’s guilt based not on the prosecution’s evidence, but on the credibility of the defendant’s witnesses.
  2. Whether the trial court erred in finding that the defendant has the present or future ability to pay his legal financial obligations.
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Photo of Leonard Feldman Leonard Feldman

Leonard Feldman, a partner in the Litigation group, focuses his practice on appellate work and complex commercial litigation. His appellate practice encompasses all phases of civil and criminal appeals, including emergency motions, expedited appeals, case management, drafting and oral argument. His commercial litigation…

Leonard Feldman, a partner in the Litigation group, focuses his practice on appellate work and complex commercial litigation. His appellate practice encompasses all phases of civil and criminal appeals, including emergency motions, expedited appeals, case management, drafting and oral argument. His commercial litigation experience includes class actions, antitrust (litigation and counseling), intellectual property, construction law, securities litigation, environmental litigation and civil rights. Leonard is currently a District Coordinator for the Ninth Circuit Pro Bono Program and is the Pro Bono Coordinator for Division One of the Washington Court of Appeals. He is also a lecturer and teaches a course on appellate practice at the University of Washington School of Law.

Photo of J. Will Eidson J. Will Eidson

J. Will Eidson focuses his practice on complex litigation, including the representation of insurers in significant coverage disputes, particularly in the areas of fidelity and surety bonds and directors and officers insurance. He also has experience in matters involving antitrust issues, contractual disputes…

J. Will Eidson focuses his practice on complex litigation, including the representation of insurers in significant coverage disputes, particularly in the areas of fidelity and surety bonds and directors and officers insurance. He also has experience in matters involving antitrust issues, contractual disputes and investment-related claims.. He was a law clerk for The Honorable C. Arlen Beam in the U.S. Court of Appeals for the Eighth Circuit (2007-2008).

Photo of Charles Gussow Charles Gussow

Charles Gussow has experience in consumer protection law, administrative law, appellate litigation and federal practice. Before joining Stoel Rives, Charles was a law clerk for the Honorable Betty Fletcher of the U.S. Court of Appeals for the Ninth Circuit (2012-2013).

Photo of Skylee Robinson Skylee Robinson

Skylee focuses her practice on general commercial litigation, with diverse experiences ranging from mass torts, products liability and class actions. She handles various phases of litigation including discovery, motion practice, alternative dispute resolution and trial. Since joining Stoel Rives, Skylee has been individually…

Skylee focuses her practice on general commercial litigation, with diverse experiences ranging from mass torts, products liability and class actions. She handles various phases of litigation including discovery, motion practice, alternative dispute resolution and trial. Since joining Stoel Rives, Skylee has been individually responsible for managing the document production and analysis in products liability/mass tort and class actions and for drafting dispositive motions and appellate-level briefing. She has also taken and defended depositions of fact witnesses, experts, and 30(b)(6) designees.