Supreme Court Calendar

9:00 A.M.

Olympia

Thursday, October 17, 2002

Case No. 1 - 71969-1

COUNSEL

State of Washington,
     v.
Dumas Delgado

Cynthia Gannett/David Seaver

Don Lundahl

SYNOPSIS: Whether, under the sex crime definition of "persistent offender" found in former RCW 9.94A.030(31)(b), "strikes" included only those crimes listed, or also comparable crimes. See also Laws of 2001, ch. 7, § 2.

Case No. 2 - 72087-8

COUNSEL

One Pacific Towers Homeowners' Association, et al.
     v.
Hal Real Estate Investments, Inc.

Louis Peterson/Michael Scott
Mark McPherson

Arthur Harrigan, Jr.
Timothy Leyh/Katherine Kennedy

SYNOPSIS: Whether a real estate investment corporation and/or its subsidiaries were "declarants" or "dealers" under the state condominium act and were therefore required to provide public offering statements when they sold their condominium units.

Case No. 3 - 72081-9

COUNSEL

State of Washington,
     v.
Steven L. Mertens

Randall Sutton

John Cross

SYNOPSIS: Whether the statute proscribing commercial fishing without a license, RCW 77.15.500(1), unconstitutionally employs a conclusive presumption, in that one who "exceeds the bag or possession limits for personal use" by more than three times thereby "acts for commercial purposes." RCW 77.15.110(1)(a).

Case No. 4 - 72250-1

COUNSEL

Thomas Davis,
     v.
Microsoft Corporation

David Hasbrook

Thomas Kelly, Jr./Donna Mezias
Paul Lawrence

SYNOPSIS: Whether a worker proved disability discrimination based on his former employer's refusal to limit overtime requirements for his job position, and if not, whether the jury's general verdict for the worker should nonetheless stand based on evidence supporting an alternative failure-to-accommodate theory.