Olympia, WA
Estate planning Lawyer at Olympia, WA
Practice Areas: Estate Planning, Elder Law
OUTCOME: Inmate's petition dismissed. Court of Appeals held that Dep't of Corrections gave petitioner the maximum amount of early release time credit to which inmate was entitled.
Petitioner filed personal restraint petition alleging that Department of Corrections (DOC) failed to credit his sentence with all early release time to which he was legally entitled.
OUTCOME: Denial of inmate's habeas petition affirmed. Ninth Circuit held that (1) phone conversation initiated by defendant was not a custodial interrogation under Miranda; (2) suppression of phone conversation was not required despite prior Miranda violation.
Petitioner sought federal habeas relief from his state conviction for first degree murder. The United States District Court for the Western District of Washington denied petition. Petitioner appealed.
OUTCOME: Dep't of Corrections' petition granted; remanded for resentencing. Supreme Court held that list of crimes against persons in statute authorizing supervision was exhaustive, thus trial court could not impose supervision for a crime not on that list.
Defendant was convicted in the Superior Court, Pierce County, of attempted second degree assault of a child and was sentenced to 23.25 months' confinement and between 9 and 18 months' community custody ... . Department of Corrections (DOC) petitioned for postsentence review. The Court of Appeals denied the petition. DOC petitioned for further review and won.
OUTCOME: Dep't of Corrections' petition granted; remanded for resentencing. Court of Appeals held that residential burglary does not qualify as crime against persons in statute authorizing supervision. Thus, trial court wrongly imposed sentence of supervsion.
Department of Corrections (DOC) petitioned for a sentence review after defendant was convicted in the Superior Court, Kittitas County, of residential burglary and sentenced to confinement and community ... custody.
OUTCOME: Dep't of Corrections petition granted; remanded for resentencing. Court of Appeals held that under statute authorizing supervision, trial court wrongly imposed supervision on offense not listed in statute.
In separate criminal cases involving three defendants, the Superior Court, Spokane County, sentenced defendants, inter alia, to community custody after finding that defendants' chemical dependency cont ... ributed to their offenses. Department of Corrections petitioned for review of sentences.
OUTCOME: Dismissal of habeas petition affirmed. Ninth Circuit held that inmate did not exhaust state remedies before seeking federal habeas review. Thus his claims were procedurally barred in federal court.
State prisoner filed petition for writ of habeas corpus. The United States District Court for the Western District of Washington dismissed petition, and petitioner appealed.
OUTCOME: Inmate's petition denied. Court of Appeals held that Dep't of Corrections was not estopped from denying eligibility to inmate for enhanced early release program.
Inmate filed a personal restraint petition challenging the determination by Department of Corrections (DOC) that he was not eligible for an enhanced early release program, after DOC had initially infor ... med inmate that he would be eligible.
OUTCOME: Summary dismissal of action affirmed in favor of defendants.
Advocacy organization brought an action against numerous individuals and corporations associated with redevelopment project, naming city and city authority as plaintiffs without consent. The Superior C ... ourt, Spokane County, dismissed action. Upon transfer by the Supreme Court, the Court of Appeals held that organization's action was not a taxpayers' derivative suit, and thus organization could not maintain in governmental entities' names a lawsuit that indirectly contested presumably discretionary governmental action.
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