Supreme Court Issues

September Term 2013

• Attorney and Client—Business Transaction With Client—Rules of Professional Conduct—Agreements That Violate Rules—Validity
• Building Regulations—Land Use Regulations—Growth Management—Compliance with State Environmental Policy Act—Determination of Noncompliance—Vested Rights
• Civil Rights—Law Against Discrimination—Employment Discrimiantion—Relgious Discrimination—Failure to Accommodate—Right of Action
• Consumer Protection—Credit—Collection—Collection Agency Act—“Collection Agency”—What Constitutes
• Consumer Protection—Credit—Collection—Collection Agency Act—Nonagency—Capacity to Sue on Delinquent Consumer Account
• Criminal Law—Crimes—Elements—Stipulation to Element—Objection—Effect
• Criminal Law—Dismissal of Charge—Interest of Justice—Misconduct by State—Listening to Attorney-Client Communications—Posttrial Proceedings
• Criminal Law—Evidence—Privacy Act—Private Conversations—What Constitutes
• Criminal Law—Insanity—Competency to Stand Trial—Restoration of Competency—Burden of Proof
• Criminal Law—Kidnapping—First Degree Kidnapping—Elements—Holding Victim as Shield or Hostage—What Consitutes
• Criminal Law—Making False Statement to Public Servant—“Public Servant”—Who Is—Employee of Private Contractor Providing Fare Enforcement Services to Public Transit Authority—Vagueness—Overbreadth
• Criminal Law—Punishment—Sentence—Criminal History—Foreign Offenses—Classification—Comparability—Defenses—Effect
• Criminal Law—Punishment—Sentence—Life Imprisonment Without Parole—Persistent Offender Accountability Act—Prior Convictions—Proof—To Jury—Necessity
• Criminal Law—Punishment—Sentence—Life Imprisonment Without Parole— Persistent Offender Accountability Act—Validity—Cruel Punishment—Conviction of Second Degree Robbery
• Criminal Law—Punishment—Sentence—Life Imprisonment Without Parole—Persistent Offender Accountability Act—Prior Convictions—Foreign Conviction—Comparability Analysis—Defenses—Effect
• Criminal Law—Right to Counsel—Effective Assistance of Counsel—Failure to Request Instruction—Lesser Included Offense—Potential Persistent Offender Sentence
• Criminal Law—Right to Counsel—Effective Assistance of Counsel—Failure to Interview Witness—Exculpatory Testimony
• Criminal Law—Robbery—Elements—Use of Force or Fear—Victim’s Perception of Force or Fear—Actual Fear—Necessity
• Criminal Law—Searches and Seizures—Incident to Arrest—Validity—Items Associated with Person—Proximity—Arrestee Handcuffed
• Criminal Law—Trial—By Court—Inadmissible Evidence—Review—Prejudical Error—What Constitutes
• Criminal Law—Trial—Right to Public Trial—Scope—Jury Instruction Conference
• Criminal Law—Trial—Right to Public Trial—Scope—Jury Selection—Dismissal of Prospective Jurors for Hardship
• Criminal Law—Trial—Right to Public Trial—Scope—Jury Selection—In-Chambers Conference on Dismissal of Prospective Jurors
• Criminal Law—Trial—Right to Public Trial—Scope—Sidebar Conference on Evidentiary Matters
• Criminal Law—Trial—Right to Public Trial—Violation—“De Minimis” Courtroom Closure—Individual Questioning of One Prospective Juror in Chambers
• Criminal Law—Trial—Right to Public Trial—Waiver—Validity
• Criminal Law—Unlawful Confinement of Animals—Probation Conditions—Forfeiture of All Pets and Livestock—Prohibition Against Owning, Acquiring, or Living with Pets and Livestock—Validity—Restitution—Cost of Caring for Confiscated Animals—Sufficiency of Evidence
• Damages—Expenses of Litigation—Equitable Indemnity—Causation—Sole or Proximate Cause—Third Party Connection to Wrongful Act
• Environment—SEPA—Impact Statement—Threshold Determination—Administrative Review—Open Record Hearing—Consolidation With Underlying Government Action—Necessity
• Government—Torts—Action Against Public Officer—Venue—County Where Cause Arose—Necessity—Personal Misconduct
• Insurance—Bad Faith—Denial of Coverage—Treble Damages—Actual Damages—What Constitutes—Pretrial Arbitration Award
• Judgment—Foreign Country Judgment—Registration—Comity—Japanese Divorce Decree Money Judgment—Effect of Post-Divorce Japanese Guardianship of Former Spouses’ Child
• Medical Treatment—Malpractice—Failure to Diagnose
• Mental Health—Involuntary Commitment—Sexually Violent Predators—Incompetent Detainee—Validity
• Mortgages—Distressed Property Conveyances Act—“Distressed Home”—What Constitutes—Risk of Loss Due to Nonpayment of Taxes
• Pensions—Public Employees—Public Contracts—Impairment—Modification of Pension Plan—Repeal of Gain-Sharing—Termination of Replacement Benefits—Validity
• Pensions—Public Employees—Public Contracts—Impairment—Repeal of Uniform Cost of Living Adjustment Benefits
• Personal Restraint—Petition—Timeliness—Statutory Limits—Exemptions—Significant Change in Law—Appellate Decision—Juvenile Sentence—Life Without Parole—Cruel Punishment—Retroactivity
• Personal Restraint—Prejudice—Necessity—Per Se Prejudice—Violation of Right to Public Trial
• Property—Right of Action—Location of Actions—Statutory Provision—Effect—Jurisdiction or Venue
• Trial—Right to Public Trial—Right to be Present—Scope—Meetings in Chambers—Court Ordered Medication

Attorney and Client—Business Transaction With Client—Rules of Professional Conduct—Agreements That Violate Rules—Validity

Whether an attorney violated Rules of Professional Conduct 1.8 in relation to a business contract with his clients, and if so, whether the rule violation constituted grounds for rescinding the contract as void.

No. 88132-4, LK Operating, LLC, et al. (petitioners) v. The Collection Group, LLC, et al. (respondents). (10/8/13)

168 Wn. App. 862 (2012)

Building Regulations—Land Use Regulations—Growth Management—Compliance with State Environmental Policy Act—Determination of Noncompliance—Vested Rights

Whether building permit applications were vested under land use regulations in effect when the applications were filed even though proceedings were pending in which the regulations were subsequently found to not comply with the State Environmental Policy Act.

No. 88405-6, Town of Woodway, et al. (petitioners) v. BSRE Point Wells, LP, et al. (respondents). (10/24/13)

172 Wn. App. 643 (2013)

Civil Rights—Law Against Discrimination—Employment Discrimiantion—Relgious Discrimination—Failure to Accommodate—Right of Action

Whether an action may be brought against an employer under Washington’s Law Against Discrimination for failure to accommodate employees’ religious practices.

No. 88062-0, Kumar, et al. (appellants) v. Gate Gourmet, Inc. (respondent). (10/22/13)

Consumer Protection—Credit—Collection—Collection Agency Act—“Collection Agency”—What Constitutes

Whether the definition of “collection agency” in Washington’s Collection Agency Act includes a person who (1) purchases claims that are owed or due another, (2) undertakes no activity on the delinquent consumer accounts but contracts with an affiliated collection agency to collect the purchased claims, and (3) is the named plaintiff in a subsequent collection lawsuit for the purchased claims.

No. 88414-5, Gray, et al. (plaintiffs) v. Suttell & Assoc., et al. (defendants) (see also Consumer Protection—Credit—Collection—Collection Agency Act—Nonagency—Capacity to Sue on Delinquent Consumer Account). (10/22/13)

Certified Question from U.S. District Court, for the Eastern District of Washington

Consumer Protection—Credit—Collection—Collection Agency Act—Nonagency—Capacity to Sue on Delinquent Consumer Account

Whether a company can file lawsuits in Washington state on delinquent consumer accounts without being licensed as a “collection agency” as defined by Washington’s Collection Agency Act.

No. 88414-5, Gray, et al. (plaintiffs) v. Suttell & Assoc., et al. (defendants) (see also
Consumer Protection—Credit—Collection—Collection Agency Act—“Collection Agency”—What Constitutes). (10/22/13)

Certified Question from U.S. District Court, for the Eastern District of Washington

Criminal Law—Crimes—Elements—Stipulation to Element—Objection—Effect

Whether in a prosecution for unlawful possession of a firearm the trial court erroneously allowed defense counsel to stipulate over the defendant’s objection to the prior conviction that precluded the defendant from possessing firearms.

No. 88234-7, State (respondent) v. Humphries (petitioner). (9/12/13)

170 Wn. App. 777 (2012)

Criminal Law—Dismissal of Charge—Interest of Justice—Misconduct by State—Listening to Attorney-Client Communications—Posttrial Proceedings

Whether the trial court should have dismissed criminal charges with prejudice when, after conviction and while a motion for new trial was pending, a detective recorded and listened to telephone conversations between the defendant and his attorney.

No. 88422-6, State (respondent) v. Pena Fuentes (petitioner). (9/12/13)

172 Wn. App. 755 (2013) Published in Part

Criminal Law—Evidence—Privacy Act—Private Conversations—What Constitutes

Whether a conversation between a defendant and his brother-in-law in the brother-in-law’s kitchen was private, making a recording of the conversation without the defendant’s permission inadmissible under the privacy act, chapter 9.73 RCW, in the defendant’s prosecution.

No. 88083-2, State (respondent) v. Kipp (petitioner). (9/19/13)

171 Wn. App. 14 (2012)

Criminal Law—Insanity—Competency to Stand Trial—Restoration of Competency—Burden of Proof

Whether a criminal defendant or the State bears the burden of proof regarding restoration of the defendant’s competency to stand trial after the defendant has been found to be incompetent.

No. 88111-1, State (petitioner) v. Coley (respondent). (9/19/13)

177 Wn. App. 177 (2012)

Criminal Law—Kidnapping—First Degree Kidnapping—Elements—Holding Victim as Shield or Hostage—What Consitutes

Whether the defendant in a prosecution for first degree kidnapping committed the crime by means of holding a person “as a shield or hostage” when he confined the victim in her home and thereby prevented her from calling the police.

No. 88020-4, State (respondent) v. Garcia (petitioner). (9/17/13)

Criminal Law—Making False Statement to Public Servant—“Public Servant”—Who Is—Employee of Private Contractor Providing Fare Enforcement Services to Public Transit Authority—Vagueness—Overbreadth

Whether for purposes of the crime of making a false statement to a public servant, an employee of a private security firm providing fare enforcement services for a public transit authority is a “public servant,” and if so, whether the statutory definition of “public servant” is unconstitutionally vague or overbroad.

No. 88270-3, State (respondent) v. K.L.B. (petitioner). (9/17/13)

Criminal Law—Punishment—Sentence—Criminal History—Foreign Offenses—Classification—Comparability—Defenses—Effect

Whether voluntary manslaughter in Texas is legally comparable to a Washington homicide offense even though self-defense is not an available defense in Texas, allowing a prior Texas conviction to be counted in a Washington offender score for sentencing purposes.

No. 85410-6, State (respondent) v. Jordan (petitioner). (9/10/13)

158 Wn. App. 297 (2010) Published in Part

Criminal Law—Punishment—Sentence—Life Imprisonment Without Parole—Persistent Offender Accountability Act—Prior Convictions—Proof—To Jury—Necessity

Whether in a prosecution alleging that the defendant is a persistent offender, the State must prove the existence of prior convictions to a jury beyond a reasonable doubt.

No. 88118-9, State (respondent) v. Witherspoon (petitioner) (see also Criminal Law—Right to Counsel—Effective Assistance of Counsel—Failure to Request Instruction—Lesser Included Offense—Potential Persistent Offender Sentence; Criminal Law—Punishment—Sentence—Life Imprisonment Without Parole— Persistent Offender Accountability Act—Validity—Cruel Punishment—Conviction of Second Degree Robbery; Criminal Law—Robbery—Elements—Use of Force or Fear—Victim’s Perception of Force or Fear—Actual Fear—Necessity). (10/22/13)

171 Wn. App. 271 (2012)

Criminal Law—Punishment—Sentence—Life Imprisonment Without Parole— Persistent Offender Accountability Act—Validity—Cruel Punishment—Conviction of Second Degree Robbery

Whether a sentence of life without the possibility of early release for second degree robbery constitutes cruel punishment under article I, section 14 of the Washington Constitution, or cruel and unusual punishment under the Eighth Amendment to the United States Constitution.

No. 88118-9, State (respondent) v. Witherspoon (petitioner) (see also Criminal Law—Right to Counsel—Effective Assistance of Counsel—Failure to Request Instruction—Lesser Included Offense—Potential Persistent Offender Sentence; Criminal Law—Punishment—Sentence—Life Imprisonment Without Parole—Persistent Offender Accountability Act—Prior Convictions—Proof—To Jury—Necessity; Criminal Law—Robbery—Elements—Use of Force or Fear—Victim’s Perception of Force or Fear—Actual Fear—Necessity). (10/22/13)

171 Wn. App. 271 (2012)

Criminal Law—Punishment—Sentence—Life Imprisonment Without Parole—Persistent Offender Accountability Act—Prior Convictions—Foreign Conviction—Comparability Analysis—Defenses—Effect

Whether for purposes of establishing that a criminal defendant is a persistent offender, a Florida assault conviction is comparable to the Washington crime of assault, even though Florida does not allow a diminished capacity defense.

No. 85236-7, State (respondent) v. Jones (petitioner) (see also Criminal Law—Right to Counsel—Effective Assistance of Counsel—Failure to Interview Witness—Exculpatory Testimony). (10/29/13)

Criminal Law—Right to Counsel—Effective Assistance of Counsel—Failure to Request Instruction—Lesser Included Offense—Potential Persistent Offender Sentence

Whether in a trial for second degree robbery that exposed the defendant to a sentence of life without possibility of early release, defense counsel was ineffective in not requesting a jury instruction on the lesser included nonstrike offense of first degree theft.

No. 88118-9, State (respondent) v. Witherspoon (petitioner) (see also Criminal Law—Punishment—Sentence—Life Imprisonment Without Parole—Persistent Offender Accountability Act—Prior Convictions—Proof—To Jury—Necessity; Criminal Law—Punishment—Sentence—Life Imprisonment Without Parole— Persistent Offender Accountability Act—Validity—Cruel Punishment—Conviction of Second Degree Robbery;
Criminal Law—Robbery—Elements—Use of Force or Fear—Victim’s Perception of Force or Fear—Actual Fear—Necessity). (10/22/13)

171 Wn. App. 271 (2012)

Criminal Law—Right to Counsel—Effective Assistance of Counsel—Failure to Interview Witness—Exculpatory Testimony

Whether defense counsel in a criminal prosecution was ineffective in failing to interview a witness who would have provided exculpatory testimony.

No. 85236-7, State (respondent) v. Jones (petitioner) (see also Criminal Law—Punishment—Sentence—Life Imprisonment Without Parole—Persistent Offender Accountability Act—Prior Convictions—Foreign Conviction—Comparability Analysis—Defenses—Effect). (10/29/13)

Criminal Law—Robbery—Elements—Use of Force or Fear—Victim’s Perception of Force or Fear—Actual Fear—Necessity

Whether for purposes of proving the “force or fear” element of robbery, the victim must perceive the perpetrator’s use of force or manifest fear of the perpetrator.

No. 88118-9, State (respondent) v. Witherspoon (petitioner) (see also Criminal Law—Right to Counsel—Effective Assistance of Counsel—Failure to Request Instruction—Lesser Included Offense—Potential Persistent Offender Sentence; Criminal Law—Punishment—Sentence—Life Imprisonment Without Parole—Persistent Offender Accountability Act—Prior Convictions—Proof—To Jury—Necessity; Criminal Law—Punishment—Sentence—Life Imprisonment Without Parole— Persistent Offender Accountability Act—Validity—Cruel Punishment—Conviction of Second Degree Robbery). (10/22/13)

171 Wn. App. 271 (2012)

Criminal Law—Searches and Seizures—Incident to Arrest—Validity—Items Associated with Person—Proximity—Arrestee Handcuffed

Whether the warrantless search of a handcuffed arrestee’s bag several feet away from the arrestee was unlawful under Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710, 173 L. Ed. 2d 435 (2009).

No. 88267-3, State (respondent) v. MacDicken (petitioner). (9/19/13)

171 Wn. App. 169 (2012)

Criminal Law—Trial—By Court—Inadmissible Evidence—Review—Prejudical Error—What Constitutes

Whether the trial court in a bench trial on incest and indecent liberties committed reversible error in improperly admitting evidence of the defendant’s prior molestation convictions.

No. 88207-0, State (respondent) v. Gower (petitioner). (9/12/13)

288 P.3d 665 (2012)

Criminal Law—Trial—Right to Public Trial—Scope—Jury Instruction Conference

Whether in a criminal prosecution conferences between the trial court and counsel on proposed jury instructions are subject to the constitutional right to a public trial.

No. 85306-1, State (respondent) v. Koss (petitioner). (10/15/13)

Criminal Law—Trial—Right to Public Trial—Scope—Jury Selection—Dismissal of Prospective Jurors for Hardship

Whether in this criminal prosecution the trial court violated the defendant’s constitutional right to a public trial when it closed the courtroom to spectators while considering and ruling on the dismissal of some prospective jurors for hardship.

No. 86072-6, State (petitioner) v. Njonge (respondent). (10/17/13)

Criminal Law—Trial—Right to Public Trial—Scope—Jury Selection—In-Chambers Conference on Dismissal of Prospective Jurors

Whether the trial court in this criminal prosecution violated the defendant’s constitutional right to a public trial by conferring with counsel (but not the defendant) in chambers about whether some prospective jurors should be dismissed.

No. 87844-7, State (petitioner) v. Slert (respondent). (10/17/13)

Criminal Law—Trial—Right to Public Trial—Scope—Sidebar Conference on Evidentiary Matters

Whether the trial court in a criminal prosecution violated the defendant’s constitutional right to a public trial when it held sidebar conferences with counsel on evidentiary matters outside the courtroom without first conducting the analysis required by State v. Bone-Club, 128 Wn.2d 254, 906 P.2d 325 (1995).

No. 85809-8, State (petitioner) v. Smith (petitioner). (10/15/13)

Criminal Law—Trial—Right to Public Trial—Violation—“De Minimis” Courtroom Closure—Individual Questioning of One Prospective Juror in Chambers

Whether in these criminal prosecutions the examination of one prospective juror in chambers during jury selection constituted a “de minimis” courtroom closure that did not violate the constitutional right a public trial.

No. 86216-8 (consol. w/87259-7), State (petitioner) v. Shearer (respondent); State (petitioner) v. Grisby (respondent). (10/15/13)

Criminal Law—Trial—Right to Public Trial—Waiver—Validity

Whether a defendant in criminal prosecution may waive his or her constitutional right to a public trial, and if so, whether the defendants in these cases knowingly, voluntarily, and intelligently waived their right to a public trial during jury selection.

No. 80727-2 (consol. w/86513-2), State (petitioner) v. Frawley (respondent); State (respondent) v. Applegate (petitioner). (10/17/13)

140 Wn. App. 713 (2007)
Frawley

163 Wn. App. 460 (2011) Published in Part
Applegate

Criminal Law—Unlawful Confinement of Animals—Probation Conditions—Forfeiture of All Pets and Livestock—Prohibition Against Owning, Acquiring, or Living with Pets and Livestock—Validity—Restitution—Cost of Caring for Confiscated Animals—Sufficiency of Evidence

Whether in a district court prosecution for unlawful confinement of domestic animals (dogs), the court properly ordered as conditions of probation that the defendant forfeit all of her pets and livestock and not own, acquire, or live with pets or livestock, and whether the evidence supports the amount of restitution the court imposed for the cost of caring for the defendant’s confiscated dogs.

No. 88140-5, State (respondent) v. Deskins (petitioner). (9/10/13)

Damages—Expenses of Litigation—Equitable Indemnity—Causation—Sole or Proximate Cause—Third Party Connection to Wrongful Act

Whether the trial court in a legal malpractice action properly denied the plaintiffs recovery of attorney fees incurred in a contract action under the equitable indemnity doctrine because the defendant attorneys were not solely responsible for the plaintiffs becoming involved in the contract action and because the third party in the contract action was connected with the wrongful conduct of the attorneys giving rise to the malpractice action.

No. 88846-9, LK Operating, LLC (plaintiff) v. The Collection Group, LLC, et al. (appellants). (10/8/13)

Environment—SEPA—Impact Statement—Threshold Determination—Administrative Review—Open Record Hearing—Consolidation With Underlying Government Action—Necessity

Whether Kittitas County erroneously held a closed record appeal of a determination of nonsignificance under the State Environmental Policy Act rather than consolidate the appeal with the open record consideration of the underlying conditional use permit application.

No. 88165-1, Ellensburg Cement Prods., Inc. (respondent) v. Kittitas County, et al. (petitioners). (9/17/13)

171 Wn. App. 691 (2012)

Government—Torts—Action Against Public Officer—Venue—County Where Cause Arose—Necessity—Personal Misconduct

Whether alleged acts of workplace sexual harassment by a deputy prosecutor were “in virtue of” his office, requiring a sexual harassment lawsuit to be tried in the county where the alleged harassment occurred. See RCW 4.12.020(2).

No. 88021-2, Eubanks & Gray (respondents) v. Brown (petitioner). (9/10/13)

170 Wn. App. 768 (2012)

Insurance—Bad Faith—Denial of Coverage—Treble Damages—Actual Damages—What Constitutes—Pretrial Arbitration Award

Whether an amount awarded in arbitration to a plaintiff before he instituted a lawsuit under the Insurance Fair Conduct Act constitutes “actual damages” under the act for purposes of trebling damages pursuant to RCW 48.30.015(2).

No. 88706-3, Morella (plaintiff) v. Safeco Ins. Co. of Illinois (defendant). ORAL ARGUMENT STRICKEN

Certified Question from U.S. District Court, for the Western District of Washington at Seattle

Judgment—Foreign Country Judgment—Registration—Comity—Japanese Divorce Decree Money Judgment—Effect of Post-Divorce Japanese Guardianship of Former Spouses’ Child

Whether a money judgment in a divorce decree entered by a Japanese family court is entitled to registration in Washington under comity principles where the former wife is deceased and the former spouses’ child is the ward of a post-divorce guardianship awarded to the child’s Japanese maternal grandmother by a Japanese court.

No. 88045-0, In re Estate of Toland, Etusko Futagi Toland, Deceased; Hille (petitioner) v. Toland (respondent). (10/15/13)

Medical Treatment—Malpractice—Failure to Diagnose

Whether a doctor who allegedly fails to correctly diagnose a condition and inform the patient of that condition may be sued for lack of informed consent as well as for medical negligence.

No. 88307-6, Anaya Gomez (petitioner) v. Sauerwein, et al. (respondents). (10/29/13)

172 Wn. App. 370 (2012)

Mental Health—Involuntary Commitment—Sexually Violent Predators—Incompetent Detainee—Validity

Whether in a proceeding to commit a detainee as a sexually violent predator the detainer has a due process right to be mentally competent during trial.

No. 86234-6, In re Det. of Morgan, Clinton Morgan (petitioner); State (respondent) (see also Trial—Right to Public Trial—Right to be Present—Scope—Meetings in Chambers—Court Ordered Medication). (9/17/13)

161 Wn. App. 66 (2011)

Mortgages—Distressed Property Conveyances Act—“Distressed Home”—What Constitutes—Risk of Loss Due to Nonpayment of Taxes

Whether the definition of “distressed home” in the distressed property conveyances act, chapter 61.34 RCW, as a dwelling that is “at risk of loss due to nonpayment of taxes” only applies to a home that has been issued a certificate of delinquency initiating the tax lien foreclosure process under RCW 84.65.050.

No. 88215-1, Jametsky (petitioner) v. Olsen, et al. (respondents). (10/8/13)

Pensions—Public Employees—Public Contracts—Impairment—Modification of Pension Plan—Repeal of Gain-Sharing—Termination of Replacement Benefits—Validity

Whether the State impaired contracts in violation of article I, section 23 of the Washington Constitution by enacting legislation repealing statutory “gain-sharing” provisions applicable to members of Public Employees’ Retirement System Plan 1 and Plan 3, Teachers’ Retirement System Plan 1 and Plan 3, and the School Employees’ Retirement System Plan 3, and by terminating benefits enacted to replace gain-sharing.

No. 87424-7, Wash. Educ. Ass’n, et al. (respondents/cross-appellants) v. Wash. Dep’t of Retirement Sys., et al. (appellants/cross-respondents). (10/24/13)

Pensions—Public Employees—Public Contracts—Impairment—Repeal of Uniform Cost of Living Adjustment Benefits

Whether the legislature unconstitutionally impaired a contract in repealing uniform cost of living adjustment benefits to Public Employees’ Retirement System Plan 1 and Teachers’ Retirement System Plan 1 pension funds.

No. 88546-0, Wash. Educ. Ass’n, et al. (respondents) v. Wash. Dep’t of Retirement Sys. (petitioners). (10/24/13)

Personal Restraint—Petition—Timeliness—Statutory Limits—Exemptions—Significant Change in Law—Appellate Decision—Juvenile Sentence—Life Without Parole—Cruel Punishment—Retroactivity

Whether Miller v. Alabama, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012), which held that it constitutes cruel and unusual punishment to sentence a juvenile to life imprisonment without possibility of early release, is retroactively applicable to previously final judgments.

No. 87654-1 (consol. w/88172-4), In re Pers. Restraint of McNeil, Russell D. McNeil (petitioner); State (respondent); In re Pers. Restraint of Rice, Herbert C. Rice, Jr.
(petitioner); State (respondent). (11/12/13)

Personal Restraint—Prejudice—Necessity—Per Se Prejudice—Violation of Right to Public Trial

Whether a personal restraint petitioner whose constitutional right to a public trial was violated by the conducting of a portion of jury selection in chambers must show that he was actually and substantially prejudiced by the violation in order to obtain relief.

No. 81225-0, In re Pers. Restraint of Hartman, Richard D. Hartman (petitioner); State (respondent). REVIEW DISMISSED – ORAL ARGUMENT STRICKEN

Property—Right of Action—Location of Actions—Statutory Provision—Effect—Jurisdiction or Venue

Whether a statute that requires actions “for any injuries to real property” to be commenced in the county in which the subject of the action is situated is jurisdictional or relates only to venue.

No. 88115-4, Ralph, et al. (petitioners) v. State, et al. (respondents). (10/29/13)

171 Wn. App. 262 (2012)

Trial—Right to Public Trial—Right to be Present—Scope—Meetings in Chambers—Court Ordered Medication

Whether in a proceeding to commit a detainee as a sexually violent predator an in-chambers conference on involuntary medication violated the detainee’s rights to an open trial and to be present.

No. 86234-6, In re Det. of Morgan, Clinton Morgan (petitioner); State (respondent) (see also Mental Health—Involuntary Commitment—Sexually Violent Predators—Incompetent Detainee—Validity). (9/17/13)