Monthly Archives: May 2010

Rousso v. Washington

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Docket No. 83040-1 (from Court of Appeals Division I Case No. 61779-6)  Facts: Petitioner Lee Rousso sought a declaratory judgment in the Superior Court for King County that Washington Revised Code §9.46.240, which prohibits gambling via the internet, unduly burdens interstate commerce and therefore unconstitutionally infringes upon the authority of Congress under Article I §8 of the United States Constitution to regulate interstate commerce. Continue reading →

Internet Community and Entertainment Corporation v. Washington State Gambling Commission

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Docket No. 82845-8 (from Court of Appeals Division II Case No. 37079-4)  Facts: Respondent Internet Community and Entertainment Corporation was ordered to cease operation of its website Betcha.com by the petitioner Washington State Gambling Commission, which asserted that Betcha.com was a professional gambling operation and therefore in violation of Washington Revised Code §9.46. Continue reading →

Washington v. Brousseau

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Docket No. 83415-6 (from Asotin Case No. 06-1-00229-8)  Facts:  Petitioner William Brousseau was convicted of the rape of a child and child molestation in the Superior Court for Asotin County after a trial in which the alleged victim testified after being deemed competent following a competency hearing and in which out of court statements made by the alleged victim were admitted into evidence pursuant to Washington Revised Code §9A.44.120’s child hearsay exception.  Brousseau subsequently appealed his conviction, asserting that he was denied due process of law when the trial court prevented him from calling the alleged victim to testify at the competency hearing, that §9A.44.120 requires that a child testify at their pretrial child hearsay hearing in order for their out of court statements to be admissible at trial, and that his attorney’s failure to object to testimony regarding the alleged victim’s credibility constituted ineffective assistance of counsel. Continue reading →