In re Marriage of Pribic, 2021 Wash. App. LEXIS 552
Mar 15, 2021OUTCOME: Reversed
Trial court abused discretion discretion in failing to hold mother in contempt.
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Joseph Orry-Leroy Baker's Legal Cases (5)
Des Moines, WA
Criminal defense Lawyer at Des Moines, WA
Practice Areas: Criminal Defense, Lawsuits & Disputes ... +3 more
In re Pers. Restraint of Shelton, 2017 Wash. App. LEXIS 553
Mar 06, 2017OUTCOME: Remanded for resentencing
Appellant pled guilty to assault while armed with a firearm. Appellant had a previous out-of-state conviction for “armed robbery — firearm.” The sentencing court doubled the effect of the firearm enhan ... cement based on a provision of the Sentencing Reform Act. The appellate court held that the doubling provision did not apply to out-of-state offenses.
In re Marriage of Brown, 2015 Wash. App. LEXIS 1255
Jun 15, 2015OUTCOME: Affirmed
Court of Appeals affirmed trial court's dismissal of petition for parenting plan modification and imposition of terms due to petitioner's failure to comply with case scheduling orders. Court also foun ... d the appeal frivolous and awarded the respondent her fees on appeal.
Wells v. Chase Home Finance, LLC, 2010 WL 4858252 (W.D. Wash. 2010)
Nov 19, 2010OUTCOME: Case allowed to proceed
Federal district court denied Chase's motion for judgment on pleadings with respect to several claims (promissory estoppel, misrepresentation, violation of Washington's consumer protection act, breach ... of contract and breach of good faith and fair dealing) related to homeowners' application for home loan modification.
In re Detention of Martin, 163 Wn.2d 501 (2008)
May 01, 2008OUTCOME: High court rules man was wrongly committed
On March 3, 1992, Sheldon Martin was convicted in Vancouver, Washington of burglary in the second degree with sexual motivation and indecent exposure, which are not sexually violent offenses under Wash ... ington's sexually violent predator law. Pending sentencing Martin was released on bail and arrested on April 8, 1992 in Portland, Oregon. Martin pleaded guilty in Oregon to kidnapping in the second degree and attempted sexual abuse in the first degree, two sexually violent offenses. He was sentenced to 120 months. Martin was returned to Washington for sentencing; he was sentenced to 30 months to be served consecutively after his Oregon sentence. When Martin neared the end of his sentence in Washington, the End of Sentence Review Committee of the Community Protection Unit of the Washington Department of Corrections determined Martin met the statutory definition of a sexually violent predator and recommended referring Martin to the Clark County prosecutor for commitment proceedings. However, the community protection unit instead referred the matter to the Thurston County Prosecuting Attorney's Office. On March 4, 2003, the attorney general's office, at the request of the Thurston County prosecutor, filed the commitment petition in Thurston County Superior Court. The trial court denied Martin's motion to dismiss the petition, ruling RCW 71.09.030 did not limit a prosecutor's authority to seek commitment to those counties where the sexually violent offense occurred. Accordingly, the trial court determined any prosecutor can file a commitment petition when the basis of the petition is an out-of-state conviction for a sexually violent offense. The Court of Appeals, Division Two, affirmed the trial court's order holding the language in RCW 71.09.030 referring to the “county where the person was convicted or charged†was “only venue language†requiring a motion to change venue, not a motion to dismiss. In re Det. of Martin, 133 Wash.App. 450, 454-55, 136 P.3d 789 (2006). The Washington Supreme Court reversed the Court of Appeals decision and remanded the case to the Thurston County Superior Court with directions to grant Martin's motion to dismiss the State's petition. The court declared as follows: "We hold RCW 71.09.030 unambiguously authorizes a specific prosecuting attorney to file, or request the filing of, a sexually violent predator petition, namely the prosecuting attorney who convicted or charged the alleged sexually violent predator. The Thurston County prosecutor lacked the authority to commence the commitment proceedings against Martin because the Thurston County prosecutor never convicted or charged Martin. Before the State can commit a person for what may arguably be the remainder of his life, the State must be put through the inconvenience of fully complying with the statute."