Docket No. 76900-1 Synopsis: Does the state have to prove to a jury beyond a reasonable doubt the fact that a defendant was on community placement at the time the defendant committed a crime? Continue reading
Daily Archives: Tuesday, February 7, 2006
State v. Luther
Docket No. 76849-8 Synopsis: The defendant argues that he was unlawfully convicted of attempted possession of child pornography. Continue reading
Washington v. Kirkman
Docket No. 76833-1; 77596-6 Facts: Respondent Charles Kirkman was convicted of first degree rape in the Superior Court for Clark County after a police officer and medical expert had testified during his trial that the alleged victim’s statements to police were clear and consistent. Kirkman appealed his conviction to the Washington Court of Appeals, which reversed the conviction on grounds that these statements were conclusory and violated the exclusive right of the jury to determine guilt. Continue reading
Swinomish Indian Tribal Community v. Western Washington Growth Management Hearings Board
Docket No. 76339-9 Facts: The petitioner Swinomish Indian Tribal Community challenged Skagit County’s critical areas ordinance, asserting that its “no harm” standard for protecting anadromous fish habitat in agricultural areas does not comply with the Growth Management Act (Washington Revised Code §36.70A). The respondent Western Washington Growth Management Hearings Board ruled that the ordinance, with the exception of its monitoring program, is in compliance. The Swinomish Indian Tribal Community petitioned the Superior Court for Thurston County to review the decision. While the appeal was pending, Skagit County amended the ordinance. However, the board ruled that the amendments failed to bring the county into full compliance. Skagit County appealed this ruling to the Washington Court of Appeals, which transferred the case to the Supreme Court of Washington. Continue reading