Category Archives: On The Road

In re dependency of M.S.R.

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Docket No. 85729-6 (from King Case No. 08-7-01089-7)  Facts:  The respondent Department of Social and Health Services petitioned the Superior Court for King County to terminate the parental rights of petitioner Nyakat Luak with regard to her sons M.S.R. and T.S.R. on grounds that Luak suffers from psychological incapacities and mental deficiencies so severe and chronic as to render her unable to provide proper care for her children.  Following a trial, Luak’s parental rights were terminated on the basis of the trial court’s findings that the state had expressly and understandably offered Luak services to correct her parental deficiencies and that there was little likelihood that these deficiencies could be corrected in the foreseeable future.  Luak appealed the trial court’s decision, asserting that these findings were not supported by sufficient evidence and that not appointing counsel to represent the children during the proceedings denied them their constitutional right to counsel. Continue reading →

Washington v. Johnson

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Docket No. 85765-2 (from King Case No. 09-1-04983-8)  Facts:  Petitioner Roosevelt Johnson was convicted of attempted promotion of commercial sexual abuse of a minor in the Superior Court for King County after recruiting two undercover police officers posing as minors to work as prostitutes.  Johnson appealed his conviction on grounds that because his intended victims were in actuality both adults there was insufficient evidence to convict him of attempted promotion of commercial sexual abuse of a minor. Continue reading →

Seattle v. May

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Docket No. 83677-9 (from Court of Appeals Division I Case No. 61027-9)  Facts: Petitioner Robert May was convicted in the Seattle Municipal Court of violating a no contact order that prohibited him from contacting his former wife.  May appealed his conviction, asserting that the no contact order was invalid insofar as the superior court that issued it failed to make the required finding that he was likely to resume acts of domestic violence that was necessary for the duration of the order to extend beyond one year and that the no contact order failed to provide notice that violating it would be a criminal offense. Continue reading →

Michaels v. CH2M Hill, Inc.

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Docket No. 84168-3 (from Spokane Case No. 07-2-02018-1)  Facts: Respondent Larry Michaels filed suit against petitioner CH2M Hill, Inc. in the Superior Court for Spokane County after being injured in an accident at a sewage treatment plant operated by the city of Spokane that was caused by CH2M Hill recommending, in its capacity as a consultant for a project to upgrade and retrofit the plant, that flows of heated and unheated sludge be separated. 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 →