In re Custody of B.M.H.

Docket No. 86895-6 (from Court of Appeals Division II Case No. 41211-0)
Synopsis: Whether a former stepparent may acquire the status of defacto parent of a child with only one living biological parent, and whether the former stepparent in this case made an adequate showing that relocation of the child to a different city would be detrimental to the child’s growth and development, justifying a show cause hearing on a nonparent custody petition.

State v. Sisouvanh

Docket No. 85422-0 (from Benton Case No. 08-1-00685-2)
Synopsis: Whether for purposes of evaluating a criminal defendant’s competency to stand trial, the term “qualified expert or professional person” under RCW 10.77.060(1)(a) requires a competency evaluator to be qualified to assess the defendant’s competency in light of the defendant’s cultural background.

Washington v. Brousseau

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