Supreme Court Calendar

9:00 A.M. Olympia Thursday, May 24, 2001

Case No. 1 -69876-7 COUNSEL
In re the Personal Restraint Petition of

Ira E. Call

Sheryl Gordon McCloud

Kevin Korsmo

SYNOPSIS: Whether the invited error doctrine prevents a defendant from arguing in a personal restraint petition that his offender score and sentence range were lower than that jointly presented to the trial court by the Prosecuting Attorney and the defendant, even though the sentence actually imposed was within the standard range, but not at the low end of the range, for the correct offender score.

Case No. 2 -69976-3/70071-1 COUNSEL
State of Washington,
v.
John W. Wheeler & Kinnick B. Sanford
James Whisman
Deborah Dwyer

Richard Tassano
Sarah Hrobsky
Eric Broman

SYNOPSIS: Whether, under Apprendi v. New Jersey, due process permits the dramatic sentencing enhancement of life imprisonment without parole under the Persistent Offender Accountability Act, RCW 9.94A, where prior convictions: (a) are not charged in the information; (b) are not proven beyond a reasonable doubt; and/or (c) are determined by judicial preponderance.


1:30 P.M.

Case No. 3 -70324-8 COUNSEL
1519-1525 Lakeview Boulevard Condominium Association,
v.
Geotech Consultants, Inc.
Rand Koler
Kevin Ireland

Steve Goodman/Estera Gordon
Linda Clapham/Stanton Beck
Mark O'Donnell/Charles Willmes
Douglas Green

SYNOPSIS: Whether the construction statute of repose, RCW 4.16.310, violates the Equal Protection Clause of the U.S. Constitution or the Privileges and Immunities Clause of the Washington Constitution?

Case No. 4 -70683-2/ 70610-7/ 70685-9 COUNSEL
State of Washington,
v.


Rodney A. Smith,
Devaughn C. Dorsey,
Michael W. Lowe, &
George A. Hendricks
Erin Ehlert
Douglas Young/James Whisman
Randall Sutton
Kathleen Proctor

Gregory Link
Eric Broman/James Dixon
Kathryn Russell
Joanne Dantonio
Kevin Cole

SYNOPSIS: Whether Laws of 2000, ch. 26--the legislature's response to State v. Cruz, 139 Wn.2d 186, 985 P.2d 384 (1999)-can be applied to require that juvenile convictions that would have "washed out" under a prior law nonetheless be counted in a defendant's offender score for a new conviction.

These summaries are not formulated by the Court and are provided for the convenience of the public only.

 

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