January petitions for review
The Supreme Court accepted several new cases for review during its January 5 conference.
- State v. Robinson, No. 83444-0
- State v. Grier, No. 83452-1
- State v. Jones, No. 83451-2
- State v. Marohl, No. 83570-5
- Mills v. W. Wash. Univ., No. 83597-7
State v. Robinson, No. 83444-0. Whether a defendant can withdraw a guilty plea when the defendant fails to disclose additional criminal history that would result in a higher offender score. Chucco Robinson was charged with first degree burglary, attempted first degree rape, and first degree kidnapping. Combined with a 1994 conviction of second degree murder, the agreed standard range sentence was 31-41 months on the burglary charge and 13-17 months on the rape. After Robinson entered a plea of guilty, a corrections officer discovered four prior juvenile convictions that raised the sentencing range to 87-116 months on the burglary charge and 41-54 months on the rape charge. Robinson withdrew his guilty plea and the state appealed. The Court of Appeals (Div. 3) overturned the trial court, holding that the defendant was not entitled to withdraw his plea.
State v. Grier, No. 83452-1. Kristina Grier appealed her jury conviction and sentence for second degree murder, arguing that her attorney had failed to explain and request jury instructions on lesser included manslaughter offenses. The Court of Appeals (Div. 2) held that defense counsel’s failure to request lesser included offense instructions constituted ineffective assistance, and reversed and remanded for a new trial.
State v. Jones, No. 83451-2. Cliff Jones pleaded guilty to first degree child molestation and was sentenced to 130 months of incarceration and 36 months of community custody. The Court of Appeals (Div. 2) ordered resentencing in 2007, and the trial court resentenced Jones to 51 months of incarceration and 36 months of community custody. The court credited the 81 months Jones spent incarcerated toward his 51-month prison sentence and ordered his release, but the court did not credit the time he spent incarcerated in excess of 51 months toward his 36 months of community custody. Jones appealed his sentence, arguing the court should apply the time spent in prison in excess of 51 months toward his community custody term, and the failure to do so violated the prohibition on double jeopardy. The Court of Appeals ruled that the trial court was not in error.
State v. Marohl, No. 83570-5. Mixed martial arts fighter James Marohl was convicted of third-degree assault in Mason County Superior Court after an altercation at the Little Creek Casino in Shelton. Marohl stepped between an intoxicated patron and another person and claims he was merely attempting to restrain the drunk man, Joseph Peterson. Others testified that Marohl applied a chokehold and “drove” Peterson into the ground. Peterson suffered scrapes and bruises to his face and eye and his prosthetic arm was broken off at the elbow. Assault in the third degree requires a showing that the defendant, with criminal negligence, “causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm.” The question in this case is whether the floor qualifies as a “weapon or other instrument.” The Court of Appeals (Div. 2) held that evidence was sufficient to show that the floor of a casino bar was a thing likely to produce bodily harm, and affirmed Marohl’s conviction.
Mills v. W. Wash. Univ., No. 83597-7. Perry Mills, a tenured theater professor at Western Washington Univerisity, was suspended for two academic quarters without pay after the University received numerous complaints from students and staff about his verbally abusive behavior. Mills sued and the trial court judge denied relief. The Court of Appeals (Div. 1) held that the university did not breach its employment contract with professor and that his suspension was not a violation of his free speech rights. However, the Court held that the University had improperly held a closed disciplinary hearing in violation of the open hearing provision of Administrative Procedure Act. The Court vacated the trial court decision and the University appealed.
