Docket No. 87618-5 (from Spokane Case No. 09-1-02145-8)
Synopsis: Whether a second trial of a defendant on criminal charges violated double jeopardy principles when in the first trial the jury announced it had found the defendant not guilty but the court declared a mistrial after polling the jurors and finding they were not unanimous.
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Washington v. Tracer
Docket No. 84452-6 (from Court of Appeals Division II Case No. 37812-4) Facts: Petitioner Richard Tracer was charged with vehicular assault in the Superior Court for Jefferson County after colliding with another motorist in his automobile while intoxicated. When the prosecuting attorney failed to appear at a pretrial hearing and the deputy prosecuting attorney declined to substitute, the presiding judge appointed a local defense attorney present in the courthouse on unrelated business as special deputy prosecuting attorney. Shortly thereafter, the special deputy prosecuting attorney approved a plea agreement under which Tracer pled guilty to the lesser charge of driving under the influence. The state of Washington subsequently moved to vacate the judgment and sentence but the superior court denied the motion. Upon appeal, the Washington Court of Appeals reversed, holding that the state was permitted to appeal, that the defense attorney appointed as special deputy prosecuting attorney was not qualified to serve in that position due to a conflict of interest, that his acts in that position were not valid under the de facto official doctrine, and that vacating the judgment and sentence and remanding the case for trial would not subject Tracer to double jeopardy. Continue reading
Washington v. Meneses
Docket No. 83172-6 (from Court of Appeals Division I Case No. 61118-6) Facts: Petitioner Andre Meneses was convicted of telephone harassment and witness intimidation in the Superior Court for King County after making a series of threatening telephone calls to his former girlfriend. Continue reading
Washington v. S.S.Y.
Docket No. 83299-4 (from Court of Appeals Division II Case No. 37250-9) Facts: Petitioner S.S.Y., a juvenile, was convicted of first degree robbery and first degree assault in the Superior Court for Pierce County and sentenced to serve sentences for both crimes consecutively. Continue reading
In re personal restraint of Francis
Docket No. 82619-6 (from Court of Appeals Division II Case No. 36804-8) Facts: Petitioner Shawn Francis was convicted of murder, first degree attempted robbery, and second degree assault in the Superior Court for Pierce County after assaulting two victims in the course of attempting to rob them, an assault that resulted in one of the victims dying of their injuries. Continue reading
Washington v. Hall
Docket No. 82558-1 (from Court of Appeals Division I Case No. 60538-1) Facts: Petitioner Isiah Hall was convicted of multiple counts of witness tampering after making several phone calls to a witness encouraging them to either decline to testify or to testify falsely while awaiting trial for burglary and assault, Continue reading
Washington v. Turner
Docket No. 81626-3 (from Court of Appeals Division II Case No. 33678-2) Facts: Petitioner Guy Turner was convicted of robbery and assault in the Superior Court for Pierce County after he shoplifted various items from a store and stabbed the security guard who attempted to apprehend him. Continue reading
Washington v. Rivera-Santos
Docket No. 81445-7 (from Clark Case No. 07-1-01555-8) Facts: Petitioner Santiago Rivera-Santos allegedly drove a motor vehicle under the influence of alcohol from southern Washington into northern Oregon, where he was convicted of driving under the influence of intoxicants (DUII). Rivera-Santos was then cited for driving under the influence (DUI) by Washington State Patrol. Continue reading
Washington v. Hughes
Docket No. 81270-5 (from Court of Appeals Division III Case No. 23946-2) Facts: Petitioner Raymond Hughes was charged and convicted on a guilty plea for second degree rape of a child and second degree rape of a victim unable to consent by reason of physical helplessness or mental incapacity. Both charges were based on an act of sexual intercourse with a 12-year-old girl with cerebral palsy. Continue reading
Washington v. Gonzalez
Docket No. 81525-9 (from Grant Case No. 03-1-00617-6) Facts: Petitioner Robert Gonzalez was convicted of assault and robbery in the Superior Court for Grant County and sentenced to prison and ordered to pay restitution to his victim through Washington’s crime victims compensation program in order to compensate them for medical expenses resulting from injuries inflicted by Gonzalez during the robbery. Continue reading