Supreme Court Calendar

9:00 A.M.

Olympia

Wednesday, November 10, 2004

Case No. 1 – 74851-9 (cons. w/75766-6)

COUNSEL

State of Washington,

     v.
Michael Ray Evans,

Kathleen Proctor/Donna Masumoto
Deborah Dwyer

Linda King
David Zuckerman 

SYNOPSIS: Are convicts serving exceptional sentences under a sentencing procedure recently invalidated by the United States Supreme Court entitled to new sentencing hearings?

Case No. 2 – 75459-4

COUNSEL

In re the Personal Restraint Petitions of

Eric Markel and Leadee Markel

Rodney Reinbold

Jennifer Richardson

SYNOPSIS: Whether two recent decisions by the United States Supreme Court, Crawford v. Washington and Blakely v. Washington, apply retroactively to convicted persons whose cases became final before Crawford and Blakely were decided.

200,179-3

COUNSEL

In re:
Jeffrey G. Poole, Bar No. 15578
An Attorney at Law

Kurt Bulmer

Christine Gray-WSBA

SYNOPSIS: The Washington State Bar Association asks for the interim suspension of an attorney pending his cooperation with a disciplinary investigation.

Case No. 3 – 74414-9

COUNSEL

State of Washington,

     v.
Jacob Gamble

Thomas Duffy/Philip Meyers
Richard Melnick

James Sowder

SYNOPSIS: Whether the Court of Appeals, after vacating a second degree felony murder conviction based on second degree assault, properly remanded for an entry of conviction on the offense of first degree manslaughter.

Case No. 4 – 74986-8

COUNSEL

Rebecca L. Troxell,

     v.

The Rainier Public School District #307

Thomas Christ
Robert Sabido
Mary Van Gemert

H. Andrew Saller, Jr.
Neli Espe

SYNOPSIS: RCW 4.96.020(4) forbids the filing of a lawsuit against a school district “until sixty days have elapsed after” the filing of the notice of claim with the district.  Did the plaintiff, who was injured on school grounds, comply with the required “sixty-day period,” where 59 full calendar days intervened between the day she notified the school district and the day she filed suit?