9:00 A.M.
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Olympia
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Tuesday, March 11, 2003
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Case No. 1 – Bar No. 9653
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COUNSEL
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In re the Matter of Thomas J. Brothers,
Attorney at Law
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Leland Ripley
Randy Beitel-WSBA
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SYNOPSIS: Whether this case should be remanded to the Disciplinary Board for further evidence and, if not, whether a one-year suspension is appropriate where the lawyer violated RPC 1.5 by charging an unreasonable fee.
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Case No. 2 – 72844-5
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COUNSEL
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In re the Personal Restraint Petition of
Gerald Hankerson
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Sheryl McCloud
Ann Summers/Deborah Dwyer
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SYNOPSIS: Whether, in this prosecution for aggravated first degree murder, the trial court erred in its accomplice liability instructions and in admitting a co-defendant’s “whole” statement against penal interest, and if so, whether the defendant, as a personal restraint petitioner, has established prejudice.
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1:30 P.M.
Case No. 3 – 73113-6
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COUNSEL
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State of Washington,
v.
Russell Lydell Smith
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Lee Yates/James Whisman
Shannon Marsh
David Donnan
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SYNOPSIS: Whether the federal or Washington Constitution requires a jury (rather than the sentencing judge) to determine whether the state has proven the prior convictions necessary to sentence a defendant to life without the possibility of parole under the Persistent Offender Accountability Act.
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Case No. 4 – 73192-6
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COUNSEL
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State of Washington,
v.
Kevin M. Swenson
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Jill Landes
Michael Haas
Richard Davies
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SYNOPSIS: Whether the defendant was timely arraigned, where he was in custody in another county when charged and was not arraigned until 149 days after pleading guilty to the other county’s charges.
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These summaries are not formulated by the Court and are provided for the convenience of the public only.
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