Supreme Court Calendar

9:00 A.M.

Olympia

Tuesday, November 9, 2004

Case No. 1 – 74147-6 (cons. w/75053-0, 75063-7)

COUNSEL

State of Washington,

     v.

Daniel D. Hughes,
George Selvidge,
Michael Anderson

Craig Juris
Steven Sherman
J. Andrew Toynbee

John Farra
Thomas Doyle
Patricia Pethick
Peter Tiller

SYNOPSIS: Did imposition by judges of sentences greater than those supported by the juries’ verdicts violate the defendants’ jury trial rights as defined by Blakely v. Washington?  Can such violations ever be harmless?  What is the proper remedy? 

Case No. 2 – 74964-7

COUNSEL

State of Washington,

     v.
Arturo R. Recuenco

David Seaver
James Whisman

Gregory Link

SYNOPSIS: Does a judge’s imposition of a greater sentence based on the use of a firearm violate the defendant’s jury trial right as defined by Blakely v. Washington where the jury only found use of a deadly weapon?  If so, was that violation harmless?


1:30 P.M.

Case No. 3 - 75340-7

COUNSEL

In re the Personal Restraint Petition of

Leonard B. Lavery

Suzanne Elliott

James Whisman
Catherine McDowall

SYNOPSIS: Was Lavery’s 1991 federal bank robbery conviction a strike offense under Washington’s “three strikes” law?

Case No. 4 – 200,104-1

COUNSEL

In re: Susan Gail Diamondstone, Bar No. 15747
Attorney at Law

Patrick Fannin

Joanne Abelson-WSBA

SYNOPSIS: Should this court adopt the recommendation of both the Bar Association hearing officer and Disciplinary Board that Diamondstone should be transferred to disability inactive status?

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

 

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