Docket No. 79209-7 (from Court of Appeals Division II Case No. 34039-9)  Facts: Petitioner Gene Champagne filed suit against his employer, respondent Thurston County, in the Superior Court for Thurston County, claiming that the county’s practice of paying its employees any additional pay earned at the end of the month subsequent to the month in which it is earned violates Washington Administrative Code §296-128-035 Continue reading →

Docket No. 79121-0 (from Court of Appeals Division II Case No. 32402-4)  Facts: After police discovered a marijuana growing operation and a methamphetamine manufacturing laboratory in a garage located on his property, petitioner Roy Neff entered into an agreement with the respondent state of Washington to submit to a stipulated facts trial in exchange for several of the charges against him being dropped and was subsequently convicted of unlawfully manufacturing a controlled substance while armed with a firearm in the Superior Court for Pierce County. Continue reading →

Docket No. 79114-7 (from Court of Appeals Division II Case No. 33322-8)  Facts: Respondent Stephanie Lilyblad was convicted of telephone harassment in the Superior Court for Cowlitz County after threatening her children’s paternal grandmother during a phone conversation. Lilyblad subsequently appealed her conviction on grounds that the trial court had improperly instructed the jury with regard to Washington Revised Code §9.61.230’s intent requirement insofar as it failed to instruct the jury that the intent to harass must exist at the time that the defendant initiates the phone call. Continue reading →

Docket No. 79064-7 (from Court of Appeals Division II Case No. 33082-2)  Facts: Petitioner Alfred Kistenmacher was ordered committed as a sexually violent predator pursuant to Washington Revised Code §71.09 after a trial in which a forensic psychologist testified on the basis of his examination of Kistenmacher that Kistenmacher is a pedophile and an exhibitionist. Continue reading →

Docket No. 78963-1 (from Court of Appeals Division II Case No. 32972-7)  Facts: Prior to petitioner Sheldon Martin’s scheduled release from prison after serving consecutive sentences for a burglary committed in Clark County, Washington and kidnapping and attempted sexual abuse committed in Oregon, the Thurston County prosecutor requested that the attorney general petition the Superior Court for Thurston County to have Martin committed as a sexually violent predator Continue reading →

Docket No. 79127-9 (from Court of Appeals Division III Case No. 24027-4)  Facts: Pursuant to the terms of a plea agreement, petitioner John Codiga pled guilty to three counts of child molestation in the Superior Court for Grant County. After an investigation revealed additional prior convictions that had not been considered in calculating Codiga’s offender score and which increased Codiga’s standard sentencing range, Codiga was sentenced. Codiga subsequently moved to withdraw his guilty plea Continue reading →

Docket No. 77347-5 (from King Case No. 97-1-07284-7 & 97-1-07283-9)  Facts: Petitioner Felipe Ramos was convicted of second degree murder in the Superior Court for King County after a trial in which the jury responded to a special interrogatory that it did not unanimously agree that intentional murder had been proven beyond a reasonable doubt but that it did unanimously agree that felony murder had been proven beyond a reasonable doubt. Continue reading →

Docket No. 78658-5 (from Kittitas Case No. 05-2-00505-2)  Facts: The state of Washington moved to vacate petitioner Terrence Hall’s 1994 conviction for second degree felony murder that was based on the predicate felony of assault and moved to file an amended information charging Hall with first degree manslaughter and first degree assault. Continue reading →