Category: Petitions for Review

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Petitions for Review – June 5, 2014

State v. Cates Court of Appeals Case No.:  68759-0-I Supreme Court Case No.:  89965-7 Issue(s): A community corrections officer (CCO) may not search a probationer’s home or personal effects without a warrant unless the officer has reasonable cause to believe the probationer violated a condition of community custody or committed a crime.  Did the Court … Continue Reading

Defendants Are Not Entitled To Credit For Time Served For Required Pretrial Constraints By Statute, Equal Protection Principles, Or Double Jeopardy Protection Even Though Differences In Wealth Arguably Lead To Two Sets Of Sentencing Ranges.

The Washington Supreme Court unanimously held in State v. Medina (No. 89147-8) that petitioner Mario Medina was not entitled to credit for time served for five years of required service in two King County Community Center for Alternative Programs (CCAP): one that required Medina to report in person to the Yesler Building daily as an … Continue Reading

The Sixth Amendment Guarantees Criminal Defendants A Right To Confront The Witnesses Against Them, But Not If The Defendant Intentionally Causes The Absence Of A Witness At Trial

A six-Justice majority of the Washington Supreme Court ruled in State v. Dobbs (No. 87472-7) that there was sufficient evidence that the defendant had forfeited his Sixth Amendment right to confront his accuser by causing her (through violence and threats) to protect herself by refusing to testify at trial. Three Justices dissented, largely because they … Continue Reading

Summary of Cases Granted Review at Washington Supreme Court’s October Conference

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 … Continue Reading

Washington State Supreme Court – September 3, 2013 Conference

The Court granted review in three cases at its September 3 conference. Case Background Issues Fergen v. Sestero 88819-1 Court of Appeals Opinion In this med mal case, the treating physician testified that he considered two different diagnoses before incorrectly diagnosing his patient as having a benign cyst. The patient had a malignant tumor and … Continue Reading

August 5, 2013 Conference Rulings

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 … Continue Reading

Special Department Conference – August 5, 2013 | Pending Petitions for Review

Table prepared by Hunter Ferguson, Brooke Sargeant and Markus Skeem. Case & Background Issue(s) K.P. McNamara, NW, Inc. v. Dep’t of Ecology 88584-2 42668-4-II Environmental/Administrative Ecology cited KP McNamara, NW, Inc. for violations of the Hazardous Waste Management Act (HWMA), chapter 70.105 RCW, for failing to follow procedures when shipping materials that KP McNamara had … Continue Reading