Category Archives: Spring 2006

Sanders v. Seattle

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Docket No. 78579-1 (from King Case No. 03-2-27838-6)  Facts:  Petitioners Beth Sanders and other Iraq War protesters sought declaratory and injunctive relief on a claim that their constitutionally protected freedom of speech was unlawfully restricted by the City of Seattle. The protesters were repeatedly asked by security personnel of a privately owned shopping mall to hold their stick-mounted signs down while on the property. Continue reading →

Medina v. Primm

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Docket No. 78575-9 (from King Case No. 03-1-04812-3)  Facts:  Petitioner Melody Primm was charged by the respondent city of Medina with driving under the influence of alcohol.  Pursuant to an agreement between the city of Medina and the city of Kirkland to share municipal court facilities, the case was heard in Kirkland in the courthouse of the Kirkland Municipal Court.  Primm moved to dismiss the charge for lack of subject matter jurisdiction, asserting that the Kirkland Municipal Court lacks jurisdiction to adjudicate cases involving alleged violations of the Medina Municipal Code.  The municipal court denied the motion.  Upon appeal, the Superior Court for King County affirmed, holding that a city’s municipal court may hear cases in a courthouse located outside of city limits. Continue reading →

State v. French

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Docket No. 78569-4 (from Clark Case No. 95-1-00826-7)  Synopsis: Does a defendant who flees the jurisdiction after being convicted but before being sentenced waive his right to appeal the conviction? Did the trial court err in refusing to admit additional evidence of a witness’ motive to lie? Does a defendant have the right to have extradition papers translated into English at public expense? Is child molestation a lesser included offense to child rape? Do the convictions of rape in this case constitute the “same criminal conduct?” Continue reading →

San Juan County v. No New Gas Tax

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Docket No. 77966-0 (from Thurston Case No. 05-2-01205-3)  Facts:  During a regularly scheduled radio program hosted by Kirby Wilbur and John Carlson, Wilbur and Carlson expressed their support for the passage of Initiative 912, which would have repealed a fuel tax enacted by the legislature, and encouraged listeners to make contributions to No New Gas Tax, a political action committee that had been organized to support Initiative 912.  After No New Gas Tax failed to report Wilbur and Carlson’s promotional efforts as an in kind campaign contribution, San Juan County filed a complaint against No New Gas Tax that alleged that No New Gas Tax violated the disclosure provisions of the Fair Campaign Practices Act (Washington Revised Code §42.17).  The Superior Court for Thurston County ruled that Wilbur and Carlson’s promotional efforts constituted an in kind campaign contribution under §42.17 and ordered No New Gas Tax to report the value of the air time used by Wilbur and Carlson to promote No New Gas Tax and Initiative 912 as a campaign contribution. Continue reading →

In re detention of Stout

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Docket No. 77369-6 (from Court of Appeals Division I Case No. 53332-1)  Facts:  Following a trial, petitioner Roy Stout was civilly committed as a sexually violent predator pursuant to Washington Revised Code §71.09.  Stout subsequently appealed his commitment, asserting that the trial court erred in ruling that he was collaterally estopped from relitigating the facts underlying his conviction for a sexually motivated burglary, that the trial court denied him his right to confrontation under the 6th Amendment to the United States Constitution and Article I §22 of the Washington State Constitution by permitting the victim of the burglary to testify via telephonic deposition, that he received ineffective assistance of counsel, and that the trial court failed to make the required legal finding that he has serious difficulty controlling his behavior. Continue reading →