Docket No. 84197-7 (from Court of Appeals Division II Case No. 36941-9) Facts: After petitioner Jose Morales crashed into another motorist in his automobile and fled the scene, he was arrested by a state trooper. Because the trooper found evidence that Morales was under the influence of alcohol, he transported Morales to a hospital in order to have a blood alcohol test performed. Due to the fact that Morales speaks limited English, the trooper instructed an interpreter to inform Morales, as required by Washington Revised Code §46.20.308, that he would be subject to a blood alcohol test and that he had a right to an independent test. After a trial in which the results of the blood alcohol test were admitted into evidence, Morales was convicted of hit and run, driving under the influence of alcohol, and vehicular assault by driving a motor vehicle under the influence of intoxicating liquor and in a reckless manner. Morales appealed his convictions, asserting that the results of the blood alcohol test were inadmissible insofar as the state failed to prove that he had been apprised of his rights under §46.20.308 given that the interpreter had not testified at trial. Continue reading
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Washington v. Schaler
Docket No. 81864-9 (from Court of Appeals Division III Case No. 25919-6) Facts: Petitioner Glen Schaler was convicted of harassment pursuant to Washington Revised Code §9A.46.020(1)(a)(i), which criminalizes threats to kill, in the Superior Court for Okanogan County after threatening to kill two of his neighbors while receiving psychiatric treatment. Continue reading
Washington v. Grenning
Docket No. 81449-0 (from Court of Appeals Division II Case No. 32426-1) Facts: Respondent Neil Grenning was convicted of multiple counts of child rape, sexual exploitation of a minor, child molestation, and possession of child pornography in the Superior Court for Pierce County. Grenning subsequently appealed his convictions for possession of child pornography, asserting that restrictions imposed by the trial court upon his attorneys’ access to his computer following its seizure denied him access to critical evidence to which he was entitled in violation of Washington State Court Rule 4.7(a) and the 5th and 6th Amendments to the United States Constitution. Continue reading
In re personal restraint of Beito
Docket No. 77973-2 (from Court of Appeals Division I Case No. 56056-5) Facts: Petitioner Corey Beito was convicted on a guilty plea of first degree murder. The trial court imposed and exceptional sentence because the additional finding that Beito rapped the victim was motive for and closely connected to the murder supported a sentence above the standard range. Continue reading
Washington v. Williams-Walker
Docket No. 78611-9; 78876-6; 79074-4 Facts: Petitioner Aro Williams-Walker was convicted of robbery and murder after a trial in which the jury returned a special verdict finding him guilty of committing both crimes while armed with a deadly weapon. Continue reading
Washington v. Sibert
Docket No. 79509-6 (from Court of Appeals Division II Case No. 33373-2) Facts: Petitioner Richard Sibert was convicted of delivery of a controlled substance and possession of a controlled substance with intent to deliver in the Superior Court for Lewis County. Continue reading
Washington v. Thomas
Docket No. 80643-8 (from Court of Appeals Division II Case No. 34339-8) Facts: Petitioner Covell Thomas was convicted of murder, burglary, and unlawful possession of a firearm in the Superior Court for Pierce County and sentenced to death after the jury found four aggravating factors and insufficient mitigating factors. Continue reading
Washington v. Warren
Docket No. 79356-5 Facts: Petitioner Richard Warren was convicted in separate trials of one count of first degree child molestation of his younger stepdaughter and three counts of second degree child rape of his older stepdaughter in the Superior Court for King County. Warren subsequently appealed his convictions, asserting that the prosecutor committed misconduct during closing arguments in both trials Continue reading
Washington v. Hatchie
Docket No. 78889-8 Facts: Petitioner Raymond Hatchie was convicted of unlawful manufacture of a controlled substance after being denied a motion to suppress the evidence of methamphetamine manufacturing equipment seen by police in his home when they were looking for a suspect pursuant to an arrest warrant. Continue reading
In re personal restraint of Hall
Docket No. 75800-0 Facts: Petitioner Ronald Hall was convicted of assault in the Superior Court for Pierce County and sentenced to an exceptional sentence on the basis of the trial court’s finding that the aggravating circumstances of deliberate cruelty and multiple injuries were present. Continue reading