Facts: Petitioner Abdinasir Osman was convicted of driving under the influence in the District Court for King County after a trial that followed a suppression hearing in which the court suppressed Osman’s refusal to submit to a breath test, admitted statements Osman made after he had been read his Miranda rights, and determined that there had been reasonable suspicion to stop him. After filing an appeal, Osman was informed that portions of the electronic record of the suppression hearing were missing. Osman subsequently petitioned the Superior Court for King County for a new trial pursuant to Rules of Appeal of Courts of Limited Jurisdiction §5.4, which requires that a new trial be granted if missing evidence is determined to be significant or material. The superior court remanded the issue to the district court, which held that the missing portion was not significant or material and that Osman was not entitled to a new trial. This ruling was subsequently reversed by the superior court, which held that the missing portion was material. Upon appeal, the Washington Court of Appeals reversed the superior court’s decision and reinstated the district court’s dismissal of Osman’s petition. Osman appealed this decision to the Supreme Court of Washington.

Question(s): Were the missing portions of the electronic transcript of Osman’s suppression hearing significant or material for purposes of §5.4?

Conclusion: Justice Sanders’ opinion for a unanimous Court ruled that the missing portions of the electronic transcript of Osman’s suppression hearing were significant and material insofar as they included credibility determinations regarding Osman’s English proficiency and understanding of his rights at the time of his arrest that formed the basis for findings of fact that in turn formed the basis for findings of law. Thus, regardless of the fact that the trial court judge had attempted to reconstruct the record by reading his notes into the record, Osman was entitled to a new trial as the Rules of Appeal of Courts of Limited Jurisdiction provide no permission or procedure for reconstructing a hearing record.

Docket No. 82671-4 (from Court of Appeals Division I Case No. 60359-1)

Petitioner: Abdinasir Osman

(Counsel: Christine Anne Jackson)

Respondent: State of Washington

(Counsel: Christina Miyamasu)

Briefs:

Argument: Tuesday, January 26, 2010 10:00am

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

Decided: Thursday, March 25th, 2010

Prevailing Party: Abdinasir Osman (Petitioner)

Vote: 9-0

Citation: Pending

Court: Madsen1 Court (2010-)

Madsen

Johnson

Alexander

Sanders
(Majority)

Chambers

Owens

Fairhurst

Johnson

Stephens