Facts:

Petitioner City of Seattle filed a motion to dismiss respondents Stephen Klein’s and Melissa Deibert’s right to appeal their underlying conviction in light of subsequent arrest warrants issued as a result of failing to appear at their respective review hearings after appealing their convictions. Klein and Deibert argued their appeals cannot be dismissed because they had not made a voluntary, knowing, and intelligent waiver of their constitutional right to appeal. The City claimed the Fugitive Disentitlement Doctrine (FDD) serves to abrogate the respondents’ constitutionally guaranteed right to appeal. The King County Superior Court agreed with Klein and Deibert and denied the City’s motion in both cases. The City’s petition for discretionary review was granted by the Division One Court of Appeals, and the cases were consolidated for transfer to the Supreme Court of Washington.

Questions:

Does Klein’s and Diebert’s failure to appear at their review hearings present the appropriate circumstances to substitute involuntary forfeiture for the required knowing waiver of the right to appeal?

Conclusion:

Justice James Johnson’s opinion for the Court held that the FDD could not deprive someone of his or her constitutionally guaranteed right to appeal, even if it is applied after the appeal had been filed. Even though Klein and Deibert admit they failed to appear at their review hearings, this is not evidence that they had made a voluntary, knowing, and intelligent waiver of their right to appeal their convictions. Affirming the trial court’s judgment, the Court concluded that dismissing Klein’s and Deibert’s appeals based strictly on their absence from a review hearing would violate their constitutional right to appeal.

Docket No. 79973-3

Petitioner: City of Seattle

(Counsel: Thomas A. Carr and Richard E. Greene)

Respondent: Stephen Klein and Melissa Deibert

(Counsel: Christine A. Jackson)

Briefs:

Argument: Thursday, June 28, 2007 9:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, September 13th, 2007

Prevailing Party: Stephen Klein and Melissa Deibert (Respondent)

Vote: 9-0

Opinion: 161 Wn.2d 554 (2007)

Court: Alexander3 Court (2005-2007)

Alexander

Johnson

Madsen

Sanders

Bridge

Chambers

Owens

Fairhurst

Johnson