Docket No. 81945-9 (from Court of Appeals Division I Case No. 59494-0)  Facts: Petitioner Vito Grieco and his wife, Yasuko, filed a petition in the Superior Court for King County seeking permanent custody of their grandchildren, who had been in their care for several years, pursuant to Washington Revised Code §26.10.032, which permits non-parents to obtain a custody hearing upon showing that the child is not in the custody of one of its parents or that neither parent is a suitable guardian and setting forth facts supporting the requested order. Continue reading →

Docket No. 81714-6 (from Court of Appeals Division I Case No. 59275-1)  Facts: Petitioner Kent Ducote filed suit against the respondent Department of Social and Health Services, asserting that it had been negligent in its investigation of allegations of child molestation made against Ducote by his stepdaughter, allegations that had resulted in Ducote temporarily being barred from his home and from contact with his stepchildren and which were ultimately determined to lack any basis in evidence. Continue reading →

Docket No. 80704-3 (from Court of Appeals Division I Case No. 60255-1)  Facts: The Whatcom County Superior Court convicted petitioner Jeffrey Brooks of three counts of first degree attempted robbery and sentenced him to 120 months total confinement and 18-36 months of community custody. Continue reading →

Docket No. 82035-0 (from Benton Case No. 07-2-01773-6)  Facts: Petitioner Janet Carlisle filed suit against respondent Columbia Irrigation District in the Superior Court for Benton County, asserting that she had been deprived of property without due process of law in violation of Article I §3 of the Washington State Constitution Continue reading →

Docket No. 77973-2 (from Court of Appeals Division I Case No. 56056-5)  Facts: Petitioner Corey Beito was convicted on a guilty plea of first degree murder. The trial court imposed and exceptional sentence because the additional finding that Beito rapped the victim was motive for and closely connected to the murder supported a sentence above the standard range. Continue reading →

Docket No. 81164-4 (from Court of Appeals Division II Case No. 32729-5)  Facts: Petitioner Kenneth Kyllo was charged for second degree assault of another prison inmate after biting his ear off during a fist fight between the two. The state alleged Kyllo intentionally assaulted the victim, while Kyllo argued he acted in self defense. The Superior Court for Cowlitz County entered judgment on a verdict of guilty, and imposed a sentence of life in prison after proving Kyllo as a persistent offender. Continue reading →

Docket No. 81257-8 (from Court of Appeals Division III Case No. 25161-6)  Facts: Respondent Don Fitzpatrick filed suit against petitioner Okanogan County in the Superior Court for Douglas County, claiming that flood damage to his home resulting from a public flood control project’s obstruction of natural watercourses constituted an uncompensated taking. Continue reading →

Docket No. 81253-5 (from Court of Appeals Division I Case No. 58544-4)  Facts: Petitioner Tanya Gregoire filed suit, as the representative of the estate of Edward Gregoire, against the respondent city of Oak Harbor in the Superior Court for Island County after Edward Gregoire committed suicide while imprisoned in the city’s jail, Continue reading →

Docket No. 81271-3 (from Court of Appeals Division III Case No. 25316-3)  Facts: The petitioner city of Spokane charged respondents Lawrence Rothwell and Henry Smith for crimes against Spokane municipal code. Rothwell and Smith filed pretrial motions to dismiss, challenging the assigned judge’s jurisdiction because she was a district court judge elected by voters of the entire county, while also serving as a part time municipal court judge. Continue reading →

Docket No. 81236-5 (from Court of Appeals Division III Case No. 25470-4)  Facts: Petitioner A.N.J., a minor, moved to withdraw the plea of guilty he had earlier entered in the Superior Court for Grant County to charges of child molestation, asserting that his court-appointed counsel had been ineffective and had failed to fully inform him of the consequences of his plea. Continue reading →