Supreme Court Calendar

9:00 A.M.

Olympia

Wednesday, November 19, 2003

Case No. 1 – 73642-1

COUNSEL

State of Washington,
     v.
Dynamite Salavea a/k/a Pale Tuupo

Kathleen Proctor

Mary Kay High

SYNOPSIS: Should a juvenile that commits certain acts when he is 15, but is not charged until after he is 16, be automatically declined by the juvenile court and tried in adult court? Did the State violate the defendant’s due process rights by delaying prosecution until after the defendant was 18?

Case No. 2 – 73893-9 & 73894-7

COUNSEL

State of Washington,
     v.
Adrian Martell Davis, and
Morning Leray Mills

Julie Cook/James Whisman

Nancy Collins
Jason Saunders

SYNOPSIS: These consolidated cases require the court to consider the adequacy of certain criminal jury instructions.

Case No. 3 – 74204-9 & 74206-5

COUNSEL

Carmen Campbell, and Savannah Hurd
     v.
Department of Social and health Services

Rebecca Coufal

Edward Dee
Carl Warring/Tara Blair

SYNOPSIS: The State Department of Social and Health Services maintains that the two children in these cases are no longer eligible for services for the developmentally disabled.

Case No. 4 – 74375-4, et al.

COUNSEL

State of Washington,
     v.
Leslie Varga, Jeffrey Cleator, Jason Castle, Nicholas Rafvino, Frederick Tucker, Raven Brealan, James Foy, Christopher Straub, William Dennis

James Whisman

Cheryl Aza
Gregory Link
Nancy Collins

SYNOPSIS: Whether the Legislature’s 2002 amendments to RCW 9.94.030(13) require courts to include these defendants’ prior convictions when determining their criminal histories and offender scores at sentencing for crimes they committed on or after June 13, 2002, even though defendants’ prior convictions would not have been included in their criminal histories and offender scores under the Washington State Supreme Court’s decisions in State v. Cruz, 139 Wn.2d 186, 985 P.2d 384 (1999) and State v. Smith, 144 Wn.2d 665, 30 P.3d 1245 (2001).