Docket No. 76800-5 (from Court of Appeals Division II Case No. 30547-0)  Facts:  Petitioner Timothy Jorden was convicted of possession of cocaine in the Superior Court for Pierce County after police officers conducted a random check of the registry of the hotel at which he was staying, discovered that there was an outstanding warrant for his arrest, and entered his room, where they found cocaine.  Jorden appealed his conviction, asserting that the random check of the hotel registry violated his right to privacy under Article I §7 of the Washington State Constitution.  The Washington Court of Appeals affirmed Jorden’s conviction. Continue reading →

Docket No. 76581-2 (from King Case No. 042371121 KNT)  Synopsis: In Brisbane, this court held that critical area ordinances could not be repealed by local referenda. Continue reading →

Docket No. 75312-1 (from King Case No. 031063386 SEA)  Facts:  Petitioner John Athan was convicted of second degree murder in the Superior Court for King County after a trial in which D.N.A. evidence linking Athan to the victim was admitted.  The state of Washington had been able to obtain a sample of Athan’s D.N.A., match it to D.N.A. recovered from the victim, and charge Athan with the murder after detectives from the Seattle Police Department posing as a fictitious law firm sent Athan a letter inviting him to join a fictitious class action lawsuit.  When Athan returned the enclosed authorization, the Seattle Police Department was able to recover D.N.A. from his saliva.  Athan appealed his conviction directly to the Supreme Court of Washington, asserting that the manner in which his D.N.A. was obtained violated his right to privacy under Article I §7 of the Washington State Constitution and the 4^th Amendment to the United States Constitution’s prohibition against unreasonable searches and seizures.  Athan also asserted that the case should have been dismissed pursuant to Washington Court Rule 8.3(b) on grounds of governmental misconduct. Continue reading →