Supreme Court Calendar

9:00 A.M.

Olympia

October 21, 2014

Case No. 1 - 88770-5 (consolidated w/89992-4)

COUNSEL

In re the Personal Restraint Petition of

YUNG-CHENG TSAI & MUHAMMADOU JAGANA

Eric Nielsen/Eric Broman

Kathleen Proctor/Ann Summers

SYNOPSIS: Are the petitioners allowed to withdraw their guilty pleas if their attorneys did not advise them of the immigration consequences of their convictions?

Case No. 2 - 90393-0

COUNSEL

In re the Welfare of A.W. and M.W.

TERESA ANN PRICE
     v.
DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Anne Egeler/Carrie Hoon Wayno

SYNOPSIS: There are two issues presented in this direct review case: (1) whether the preponderance of the evidence standard of proof to establish a guardianship under chapter 13.36 RCW satisfies due process; and (2) whether there is substantial evidence in the record to support the trial court’s decision to establish guardianship for A.W. and M.W.

Case No. 3 - 89976-2

COUNSEL

STATE OF WASHINGTON
     v.
ROBERT EUGENE BARRY

Jeremy Morris

Mitch Harrison

SYNOPSIS: Whether a fifth or sixth amendment violation occurs when a trial court instructs the jury that it may consider the defendant's courtroom demeanor as evidence.

Case No. 4 -90510-0

COUNSEL

J.S., S. L. and L.C.
     v.

VILLAGE VOICE MEDIA HOLDINGS, LLC, et al.

Erik Bauer/Michael Pfau
Darrell Cochran/Vincent Nappo & Jason Amala

James Grant/Ambika Kumar Doran

SYNOPSIS: A federal statute, the Communications Decency Act of 1996, 47 U.S.C. § 230(c)(1) (CDA), immunizes certain interactive computer service providers from liability for content that other content providers post on the publisher’s website. In this case, the minor plaintiff-respondents allege that pimps advertised them for sale as prostitutes on the appellants’ website. Adult customers allegedly responded to these ads and raped the respondents. Does the CDA provide Backpage with immunity from liability for J.S.’s state law claims?