Justia Washington Supreme Court Opinion Summaries

Petitioner Jack Sims appealed only part of his sentence stemming from child molestation charges. As his defense against the charges, Petitioner argued that the contact he had with the victim was an isolated event, and that the evidence supported his contention at trial. The Department of Corrections recommended Petitioner receive a âspecial sex offender sentencing alternativeâ (SSOSA) sentence. The recommendation was supported by testimony from an expert that opined that Petitioner had a very low risk of re-offending. The trial court ordered a lifetime âno-contactâ order, and banished Petitioner from the city and county in which the victim lived. Petitioner challenged the banishment portion of his sentence, arguing that it was unconstitutional. The Supreme Court agreed that the sentence was unconstitutional, and concluded that the proper remedy in this case would be a resentencing for the limited purpose of narrowly tailoring the geographic condition of Petitionerâs SSOSA sentence that banished him from the county. The court remanded the case to the trial court for further proceedings.

A jury found Petitioner Gale West to be a sexually violent predator, and the trial court ordered him to be civilly committed. The appellate court affirmed the lower courtâs order. Petitioner appealed, seeking a new trial because he believed he was prejudiced by the trial courtâs evidentiary rulings. The Supreme Court found that although âsome errors occurred, they were harmless.â The Court affirmed the appellate courtâs decision.

Petitioner Raymond Martinez challenged his conviction for first degree burglary, contending that the State failed to prove beyond a reasonable doubt that he was armed with a deadly weapon within the meaning of the applicable statute. At trial, a knife and sheath were admitted into evidence, but none of the witnesses provided a verbal description of the sheath, or indicated whether it was fastened or unfastened when it was found on Petitionerâs person. On appeal, Petitioner alleges the prosecutor misstated the evidence, mislead the jury, and made an inflammatory statement in his closing remarks. The Court of Appeals dismissed the petition on procedural grounds without reaching the merits. The Supreme Court reviewed the record and found that the evidence presented at trial was insufficient to sustain a first degree burglary conviction. The Court vacated Petitionerâs conviction, and remanded the case to the lower court for further proceedings.

Petitioner Glen Nichols was charged with possession of cocaine with the intent to deliver, and with possession of less than 40 grams of marijuana. Following a denial of his motion to suppress the evidence seized from his arrest, the case proceeded to a bench trial at which Petitioner was found guilty on both charges. After he was sentenced, Petitioner appealed his convictions. Petitioner filed a Personal Restraint Petition (PRP) challenging the police search of the motel registry where he was staying when he was arrested. While his appeal was pending, the Supreme Court decided State v. Surge where it held that a random, warrantless check of motel registry records was unconstitutional. The appellate court affirmed Petitionerâs convictions and denied his PRP. On appeal, Petitioner argues that in light of the Supreme Courtâs decision in the âSurgeâ case, evidence stemming from the police search of the motel registry should have been suppressed. The Court was not persuaded by his argument, holding that Petitionerâs case differed from the âSurgeâ case in that police were not doing a random check of the records, rather, they had âindividualized suspicion that drug selling activity had taken place fromâ his room. The Court affirmed the appellate courtâs decision.