Shadan Kapri
PRO

Shadan Kapri's Legal Cases (8)

Spokane, WA

Divorce and separation Lawyer at Spokane, WA

Practice Areas: Divorce & Separation, Family ... +2 more

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Violent crime

State of Washington v. Patrick Lowden

Dec 08, 2011

OUTCOME: Affirmed

Mr. Lowden was convicted of murder in the first-degree and sentenced to 320 months in prison. In August, 2010, Mr. Lowden filed a CrR 7.8 motion in Superior Court seeking a correction of his judgment ... and sentence. He argued that the combination of prison time and community custody imposed exceeded the authorized maximum sentence for the crime convicted and the judgment was invalid on its face. The prosecutor responded that Mr. Lowden’s motion was untimely and without merit. On November 10, 2010, the Superior Court issued an order denying Mr. Lowden's motion to vacate the judgment and sentence. The case was then appealed to the Washington State Court of Appeals and the Court converted the case to a Personal Restraint Petition and concluded that the case was untimely and without merit. Under legislative authority, a First-Degree Murder conviction is a Class A Felony. A maximum penalty for a Class A Felony is a life sentence for which there is no statutory maximum as outlined by case precedent and the Legislature. Mr. Lowden's petition to leave prison early for his first-degree conviction was dismissed by the court.

Appeals

State of Washington v. Bertha Bashaw

Jul 01, 2010

OUTCOME: Affirmed in part; remanded in part

The Supreme Court of Washington accepted review of this case after a Defendant was convicted in a jury trial of delivery of controlled substances within a 1,000 feet of a school-bus stop, as a sentence ... enhancement. Defendant appealed the conviction. The Court of Appeals, 144 Wash.App. 196, 182 P.3d 451, affirmed the jury verdict. The Defendant then appealed to the Supreme Court of Washington. The Supreme Court, en banc, Owens, J., held that: (1) court improperly admitted evidence from distance measuring device; (2) admission was harmless error with respect to two of three counts; (3) admission was not harmless error with respect to remaining charge; (4) pattern jury instruction as to unanimity requirement for special sentencing enhancement was erroneous; and remanded. http://shadanslegalcases.wordpress.com/2011/06/13/state-v-bashaw/

Violent crime

State of Washington v. Gregory Hyde

Mar 23, 2010

OUTCOME: Affirmed

Gregory L. Hyde appealed his first-degree rape and first-degree kidnapping convictions. The Court of Appeals found no error and affirmed the criminal convictions. http://shadanslegalcases.wordpress ... .com/2011/06/13/state-v-hyde/

Violent crime

State of Washington v. Charles Young

Jan 14, 2010

OUTCOME: Affirmed

Charles Young was confined to prison for solicitation to commit manslaughter in the first degree-unborn child. Mr. Young attempted to hire someone to kill his unborn child after discovering that his g ... irlfriend was pregnant. Mr. Young appealed his criminal conviction asserting that his sentence was unlawful because the terms of confinement and community custody exceeded the statutory maximum. The Court of Appeals affirmed Mr. Young's conviction and he remained in prison for the duration of his conviction. http://shadanslegalcases.wordpress.com/2011/06/13/33/

Violent crime

State of Washington v. Christopher Curley

Jan 07, 2010

OUTCOME: Affirmed

The criminal convictions for second-degree assault and unlawful possession of a firearm were affirmed. The trial court correctly concluded that there was no basis for any self-defense jury instruction ... in the defendant's trial. There was no evidence that the neighbor's trespass while driving a motorcycle on the defendant's property presented an immediate threat justifying the use of force, let alone potentially deadly force. http://shadanslegalcases.wordpress.com/2011/06/13/9/

Appeals

State of Washington v. Maritess Palmer

N/A

OUTCOME: Affirmed

The trial court did not abuse its discretion when it imposed $9,600 in restitution on a defendant in connection with her third-degree theft conviction. The money had been stolen from her employer.

Violent crime

State of Washington v. Preston Carbary

N/A

OUTCOME: Affirmed

Preston Carbary was convicted of three counts of second-degree rape by a health care provider after a jury trial. The primary theme of Mr. Carbary’s petition was that the rape charges were based upon ... perjured statements made by the victim first to a police detective and later when she signed a Standard Tort Claim Form seeking $3 million from the State stemming from its referral of Mr. Carbary as her family preservation counselor. At the time of the crimes, Mr. Carbary was inside the victim's home to provide family counseling. The Court concluded that Mr. Carbary provided no evidence of perjury by the victim. His claims of ineffective assistance of counsel and insufficiency of the evidence also failed. The Court dismissed Mr. Carbary's petition to be released from prison for the crimes of second-degree rape by a health-care provider.

Violent crime

State of Washington v. Flint Hastings

N/A

OUTCOME: Affirmed

Flint G. Hastings was convicted of Second-Degree and Third-Degree Child Rape. He was sentenced to 102 months for Count 1 - Second-Degree Child Rape and 34 months for Count 2 - Child Rape in the Third ... -Degree. The trial court imposed the sentences consecutively for a total prison term of 136 months. The Court of Appeals reviewed this case and requested (1) written clarification of the judgment and sentence to reflect the court’s basis for imposing consecutive sentences (thereby giving Mr. Hastings an exceptional sentence), and (2) amending the judgment and sentence to explicitly state that the combination of confinement and community custody for Court 2 shall not exceed the statutory maximum. The Superior Court re-examined the issues requested by the Court of Appeals. Mr. Hastings argued that he should only remain in prison for 102 months (the duration of Count 1) and that Count 2 should run concurrently as outlined by the Legislature. The State argued that the facts of the case did not support an exceptional sentence as defined by the Legislature. However, Mr. Hastings should not be released from prison early considering the mitigating circumstances explained by the prosecutor in oral arguments and in writing. The trial court accepted the prosecutor's recommendation that Mr. Hastings be sentenced to a minimum of 130 months in prison to a maximum of life imprisonment for Count 1 – Rape of Child in the Second-Degree. The State agreed that Count 2 should run concurrently as outlined by legislative authority.

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