9:00 A.M.

Olympia

Thursday, February 14, 2002

Case No. 1 - 71240-9

COUNSEL

James A. Stansfield, M.D.,
     v.
Douglas County

Robert Hedrick

Stanley Bastian

SYNOPSIS: Whether a plaintiff who moves to amend a complaint under CR 15(c) to add new claims (but not new parties) must show excusable neglect in order to have the amendment relate back to the date of the original complaint.

Case No. 2 - 71311-1

COUNSEL

In the Matter of the Detention of C.W.,

B.B., E.S., D.M., T.B.,and R.F.

Richard Lichtenstadter

Gerald Smith

SYNOPSIS: (1) Whether the six-hour time limit in RCW 71.05.050 begins to run when a person either enters the hospital or is medically cleared or when the professional staff of the hospital determine that the statutory requirements have been met and it is necessary to refer the person to the county designated mental health professional. (2) Whether the latter interpretation of the statute above would violate due process. (3) Whether dismissal is the proper remedy for a violation of RCW 71.05.050.

Case No. 3 - 71329-4

COUNSEL

State of Washington,
     v.
David Jeffrey Barnes

David Seaver

Eric Nielsen

SYNOPSIS: Whether the superior court lost subject matter jurisdiction in a criminal case when the amended information charging the offense of which the defendant was convicted was not filed by the State.

Case No. 4 - 71353-7

COUNSEL

In re the Personal Restraint Petition of

Darrin Rand Hutchinson, Sr.

James Lobsenz

Dianna Sheythe
Hon. Gregory Banks

SYNOPSIS: Whether a criminal defendant claiming diminished capacity was deprived of due process when discovery sanctions were imposed for refusing to submit to a state psychological evaluation after earlier court decisions suggested that he could assert his Fifth Amendment privilege against self-incrimination. See State v. Hutchinson, 111 Wn.2d 872, 766 P.2d 447 (1989).