Supreme Court Calendar

9:00 A.M.

Olympia

May 12, 2011

Case No. 1 – 81644-1

COUNSEL

STATE OF WASHINGTON
          v.
DAVID McCUISTION

Malcolm Ross/Todd Bowers/Brooke Burbank
Sarah Sappington/Joshua Choate/Jeffrey Even
Nancy Collins/David Donnan

SYNOPSIS: Whether the trial court erred in denying a release trial based on its finding that David McCuistion failed to rebut the State’s showing at the annual review hearing that David McCuistion remained mentally ill and dangerous and whether the 2005 amendments to RCW 71.09.090 violate substantive due process or separation of powers.

Case No. 2 – 84452-6

COUNSEL

STATE OF WASHINGTON
          v.
RICHARD CHARLES TRACER

Pamela Loginsky

Thomas Weaver, Jr.

SYNOPSIS: Did the superior court act within its authority when temporarily appointing a criminal defense attorney as special deputy prosecutor in order to accept Tracer’s plea?


1:30 P.M.

Case No. 3 – 82557-2

COUNSEL

STATE OF WASHINGTON
          v.
R. P. H.

Dennis McCurdy

Neil Fox

SYNOPSIS: Does RCW 9.41.040(4) permanently bar a person with a juvenile adjudication of a class A felony sex offense from petitioning to have the right to possess firearms restored?  Is the order of a superior court relieving a person of the obligation to register as a sex offender equivalent to a “certificate of rehabilitation” under RCW 9.41.040(3)?  Is a juvenile court’s statement to a juvenile who has pleaded guilty to a class A felony sex offense that he will be able to file a petition to have his firearm rights restored binding on a future court?  Does a lifelong ban on the possession firearms based on a juvenile adjudication of a class A felony sex offense violate the Second Amendment to the U.S. Constitution or article I, section 24 of the Washington Constitution? 


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

 

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