Docket No. 78353-5  Facts:  After a judgment in which respondent Sayed Zia Ehsani had to pay money into David C. Cullen’s client trust account, Cullen distributed the funds under his clients’ direction (petitioner McCullough Family Partnership) to the clients’ creditors, including himself for legal services rendered. Ehsani successfully appealed and the trial court’s judgment was reversed. Continue reading →

Docket No. 78668-2  Facts:  Lender U.S. Bancorp directed respondent T.D. Escrow Services, Inc. to commence foreclosure proceedings on a property after the borrower defaulted.  T.D. Escrow Services proceeded to employ A.B.C. Legal Services to conduct the foreclosure sale.  At the subsequent auction, petitioner William Udall was the high bidder and was given a receipt but not the deed of trust for the property.  When T.D. Escrow Services discovered that A.B.C. Legal Services had erroneously sold the property to Udall at a price $100,000 lower than it had authorized, it refused to deliver the deed of trust to Udall.  Udall responded by filing suit to quiet title.  The trial court granted summary judgment for Udall.  Upon appeal, the Washington Court of Appeals reversed, holding that the sale of the property had not been completed under the terms of Washington’s deed of trust act (Washington Revised Code §61.24) and that T.D. Escrow Services was therefore not required to deliver the deed of trust to Udall. Continue reading →

Docket No. 78254-7  Facts:  Petitioner Cole Shale pled guilty to three counts of first degree possession of stolen property and three counts of unlawful possession of payment instruments in the Superior Court for Spokane County.  Shale subsequently moved to vacate his convictions and sentence on grounds that his offenses constitute a single unit of prosecution and that his offender score was improperly calculated. Continue reading →

Docket No. 78238-5  Facts:  Petitioner James Ohlson was convicted of two counts of second degree assault in the Superior Court for Kitsap County after a trial in which one victim testified and the out of court statement of the other victim was admitted into evidence in lieu of their testimony.  Ohlson appealed his conviction, asserting that the admission of the out of court statement infringed his right under the 6^th Amendment to the United States Constitution to be confronted with the witnesses against him.  The Washington Court of Appeals affirmed Ohlson’s conviction, holding that the out of court statement, which was made to a police officer arriving at the scene shortly after the assault, was an excited utterance and therefore non-testimonial in nature. Continue reading →