Docket No. 83357-5 (from Court of Appeals Division I Case No. 62071-1)  Facts:  Petitioner Kenneth Thorgerson was convicted of child molestation in the Superior Court for Snohomish County.  Thorgerson subsequently appealed his conviction, asserting that the prosecutor committed misconduct when he made reference in his opening and closing statements to out of court statements made by the alleged victim that were consistent with her testimony in an effort to bolster her credibility, attempted in his closing statement to shift the burden of proof to the defense, and impugned defense counsel. Continue reading →

Docket No. 83717-1 (from Court of Appeals Division II Case No. 37539-7)  Facts: Respondent Timothy Hager was convicted of rape in the Superior Court for Pierce County after a trial in which the police officer that had questioned Hager prior to his arrest testified that Hager was evasive during questioning. Continue reading →

Docket No. 83617-5 (from Court of Appeals Division II Case No. 37089-1)  Facts: Following jury deliberations in respondent Tyrone Ford’s trial on two charges of third degree child rape in the Superior Court for Clark County, the jury initially returned a verdict of guilty on the second charge but left the verdict form for the first charge blank. After being instructed by the judge to enter a verdict, the jury returned to the jury room and subsequently found Ford guilty of the first charge as well. Continue reading →

Docket No. 83640-0 (from Court of Appeals Division II Case No. 37989-9)  Facts: Pursuant to a plea agreement, petitioner Danny Barber pled guilty to felony driving under the influence in the Superior Court for Kitsap County and was sentenced to a previously agreed upon term of incarceration. Continue reading →

Docket No. 83570-5 (from Court of Appeals Division II Case No. 37566-4)  Facts: After forcing Joseph Peterson to the floor during an altercation, causing Peterson to suffer minor injuries, petitioner James Marohl was convicted of second degree assault in the Superior Court for Mason County. Continue reading →

Docket No. 83673-6 (from Court of Appeals Division II Case No. 37718-7)  Facts: Seeking a refund of business and occupation taxes that it had paid under protest, petitioner Qualcomm, Inc. filed suit against the respondent Department of Revenue in the Superior Court for Thurston County, asserting that the satellite tracking service it provides to trucking companies, which allows trucking companies to monitor the location and operation of their vehicles and allows drivers to send and receive messages, constitutes an information service Continue reading →

Docket No. 83452-1 (from Court of Appeals Division II Case No. 36350-0)  Facts: After fatally shooting a guest in her home following an altercation, respondent Kristina Grier was charged with second degree murder and convicted after a trial in the Superior Court for Pierce County in which her attorney did not request jury instructions on a lesser charge of manslaughter. Continue reading →

Docket No. 200,748-1 (from WSBA Case No. 8993)  Facts: After petitioner David Smith pled guilty to conspiracy to commit securities and wire fraud, the respondent Washington State Bar Association’s disciplinary board commenced proceedings against him and recommended his disbarment following a hearing. Continue reading →

Docket No. 82029-5 (from Whatcom Case No. 94-1-00117-8)  Facts: Petitioner Richard Mutch was convicted of five counts of second degree rape and one count of second degree kidnapping in the Superior Court for Whatcom County and sentenced to life imprisonment as a persistent offender.  Upon appeal, Mutch’s sentence was vacated on grounds that one of his prior convictions was not a “strike” for purposes of deeming him a persistent offender.  The trial court subsequently resentenced Mutch to an exceptional sentence, Continue reading →