Docket No. 78574-1  Facts:  Nathan Walters died as the result of an allergic reaction to a peanut butter cookie served to him as part of a school lunch on a field trip sponsored by the respondent Spokane School District #81.  After Walters’ parents indicated their intent to file a wrongful death claim, they and the school district reached a settlement.   In the interim, the Spokesman-Review, a newspaper owned by petitioner Cowles Publishing Company, submitted a request pursuant to the Public Records Act (Washington Revised Code §42.56) for all records related to the school district’s investigation and possible settlement of Nathan Walters’ death.  The school district denied the request on grounds that the requested records are privileged communications and attorney work product and therefore exempt from disclosure under §42.56.  The school district then requested a declaratory judgment that the records are exempt from disclosure while the Spokesman-Review moved for an order to show cause why the school district refused to release the records.  Continue reading →

Docket No. 79025-6  Facts:  Respondent Donald McCarthy was convicted of third degree assault with sexual motivation and sentenced to a minimum term of twelve months imprisonment and a maximum term of sixty months imprisonment.  Prior to the expiration of McCarthy’s minimum sentence, the Indeterminate Sentence Review Board conducted a hearing pursuant to Washington Revised Code §9.95.420(3) to decide if he is eligible for release.  After denying McCarthy’s request to be represented by an attorney, the board found that McCarthy is more likely than not to commit another sex offense if released and added twenty-four months to McCarthy’s minimum term.  McCarthy subsequently filed a personal restraint petition seeking review of the board’s decision in the Washington Court of Appeals.  It asserted that offenders have a right to counsel during hearings conducted pursuant to §9.95.420(3). Continue reading →

Docket No. 78528-7  Facts: Petitioner Justin Burke was charged with the third degree rape of a child. At trial, Burke argued that the 15 year old girl told him that she was of legal age to consent, and that he reasonably believed her. Continue reading →

Docket No. 78514-7  Facts:  Petitioner Darrell Everybodytalksabout was convicted of first and second degree felony murder in the Superior Court for King County.  Prior to his sentencing, an employee of the Department of Corrections interviewed Everybodytalksabout as part of her preparation of the presentence investigation report.  After Everybodytalksabout was sentenced to life in prison, he appealed his conviction, which was ultimately reversed on grounds that the trial court erred in admitting certain evidence.  Upon retrial, the trial court admitted testimony by the Department of Corrections employee regarding incriminating statements Everybodytalksabout made during the interview.  After he was once again found guilty, Everybodytalksabout appealed his conviction, asserting that as his attorney was not present during the interview and as he had not been informed of his Miranda rights, he had been denied his right to counsel and testimony regarding the incriminating statements that he made during the interview should therefore not have been admitted.  The Washington Court of Appeals affirmed Everybodytalksabout’s conviction, holding that Everybodytalksabout had not been denied his right to counsel insofar as the Department of Corrections employee had not deliberately elicited the incriminating statements during the interview. Continue reading →