Docket No. 87483-2
Synopsis: Whether in an action for neglect of a ward under the abuse of vulnerable adults act, chapter 74.34 RCW, the State need only prove the guardian engaged in a pattern of conduct resulting in a deprivation of care, not that the conduct caused the ward harm or that the ward would have accepted an alternative care plan had one been offered.
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State v. Dobbs
Docket No. 87472-7 (from Court of Appeals Division II Case No. 40534-2; 40636-5)
Synopsis: Whether in a prosecution for domestic violence offenses the defendant’s conduct toward the victim before and after his arrest supported a ruling that he forfeited his right to challenge the admission of the unavailable victim’s out-of-court statements, even though there was no evidence that the defendant threatened the victim not to testify or direct evidence that the victim refused to appear because of threats.
Synopsis: Whether in a prosecution for domestic violence offenses the defendant’s conduct toward the victim before and after his arrest supported a ruling that he forfeited his right to challenge the admission of the unavailable victim’s out-of-court statements, even though there was no evidence that the defendant threatened the victim not to testify or direct evidence that the victim refused to appear because of threats.
State v. Hunley
Docket No. 86135-8 (from Court of Appeals Division II Case No. 39676-9)
Synopsis: Whether RCW 9.94A.500(1) and .530(2), which provide that a prosecutor’s criminal history summary is prima facie evidence of a defendant’s prior convictions, and that a defendant’s “acknowledgment” of criminal history includes not objecting to the prosecutor’s summary, unconstitutionally relieves the State of its burden to prove prior convictions for sentencing purposes.
Synopsis: Whether RCW 9.94A.500(1) and .530(2), which provide that a prosecutor’s criminal history summary is prima facie evidence of a defendant’s prior convictions, and that a defendant’s “acknowledgment” of criminal history includes not objecting to the prosecutor’s summary, unconstitutionally relieves the State of its burden to prove prior convictions for sentencing purposes.
In re the Detention of Coe
Docket No. 85965-5 (from Court of Appeals Division III Case No. 27520-5)
Synopsis: Whether the trial court in a sexually violent predator commitment proceeding properly admitted expert testimony that the detainee probably committed several unsolved sex offenses based on a comparison of the detainee’s adjudicated offenses with the characteristics of the unsolved offenses identified in a criminal acts database.
Synopsis: Whether the trial court in a sexually violent predator commitment proceeding properly admitted expert testimony that the detainee probably committed several unsolved sex offenses based on a comparison of the detainee’s adjudicated offenses with the characteristics of the unsolved offenses identified in a criminal acts database.
State v. Saenz
Docket No. 84949-8 (from Court of Appeals Division III Case No. 27683-0)
Synopsis: Whether, in attempting to prove the existence of a prior strike offense for persistent offender purposes, the State adequately established that the defendant, who was a juvenile when he committed the prior offense, validly waived juvenile court jurisdiction and consented to trial in adult court, qualifying the offense as a strike offense.
Synopsis: Whether, in attempting to prove the existence of a prior strike offense for persistent offender purposes, the State adequately established that the defendant, who was a juvenile when he committed the prior offense, validly waived juvenile court jurisdiction and consented to trial in adult court, qualifying the offense as a strike offense.
State v. Deer
Docket No. 85511-1 (from Court of Appeals Division I Case No. 63737-1)
Synopsis: Whether it is an implied element of the crime of rape of a child that the act of sexual intercourse was volitional.
Synopsis: Whether it is an implied element of the crime of rape of a child that the act of sexual intercourse was volitional.
Curtis v. Lein
Docket No. 83307-9 (from Court of Appeals Division I Case No. 62168-8) Facts: Petitioner Tambra Curtis filed suit against respondent Jack Lein in the Superior Court for King County after she was injured when a dock located on property owned by Lein collapsed beneath her. Continue reading
Washington v. Montano
Docket No. 82855-5 (from Court of Appeals Division III Case No. 26124-7) Facts: Petitioner Jose Montano was charged under Washington Revised Code §9A.76.180 with intimidating a public servant in the Superior Court for Grant County after insulting and threatening the police officer who had arrested him following an altercation with his brother. Continue reading
Washington v. Rhone
Docket No. 80037-5 (from Court of Appeals Division II Case No. 34063-1) Facts: Petitioner Theodore Rhone was charged with possession of a controlled substance with intent to deliver, unlawful possession of a firearm, and bail jumping in the Superior Court for Pierce County. Continue reading
In re detention of Moore
Docket No. 81201-2 (from Court of Appeals Division I Case No. 58087-6) Facts: Petitioner Paul Moore challenged the judgment of the Superior Court for Snohomish County that civilly committed Moore as a sexually violent predator (SVP) pursuant to Chap. 71.09 RCW. Under his due process challenge, Moore argued that the trial court erred in accepting his stipulation to certain facts in lieu of witness testimony without conducting inquiry into Moore’s competency; Continue reading