Today's Arguments - June 30, 2009
Today the Court will hear just three opinions, two in the morning and one in the afternoon. Two of the cases involve criminal procedure questions, and one is about whether a juvenile has the constitutional right to keep and bear arms. (Docket, case briefs)
In the morning session, starting at 9:00 a.m., the Court will hear:
Seattle v. Winebrenner/Seattle v. Quezada, No. 81279-9. These consolidated cases are up on appeal from Division One Court of Appeals, and concern the question of whether current law allows DUI sentences to be increased based on multiple offenses committed within seven years of the present offense, or just those committed in the prior seven years. Both Winebrenner and Quezada had multiple DUI incidents within a seven year period, and their level of sentencing depends on how the law requiring increased sentences for "prior offenses within seven years" is applied.
State v. Christopher Sieyes, No. 82154-2. This case is on appeal from Division Two Court of Appeals, and arose out of Kitsap County Superior Court. Argument will be on the question of whether the Washington law prohibiting minors from possessing guns (with various exceptions) is a violation of the state and federal constitutional rights to keep and bear arms.
Mr. Sieyes was pulled over for speeding, and found to have a gun under the front seat of his car. Being only 17-years-old at the time, Sieyes was charged and convicted of criminal possession of a firearm.
The Wa Association of Criminal Defense Lawyers filed an amicus brief in this case asking the Court to find that the Second Amendment to the U.S. Constitution applies to states via the Fourteenth Amendment.
In the afternoon session, starting at 1:30 p.m., the Court will hear:
State v. Jacob Gamble, No. 80131-2. This case is on appeal from Second Division Court of Appeals, and was consolidated with four other cases with a similar question. Defendant Gamble hosted a party for his high school friends, during which a fight broke out. During the fight Gamble struck one of the other kids, who later died as a result of his injuries. Gamble was convicted of first degree felony murder and second degree murder, both of which were later reversed. The state then filed a charge against Gamble for first degree manslaughter.
The question before the Court is whether allowing the state to file manslaughter charges after the murder convictions had been reversed violates the mandatory joinder rule (which requires that related offenses be tried together) and/or Gamble's double jeopardy rights.
