Tomorrow's opinions, Feb. 18, 2010
The Supreme Court will issue opinions in two cases tomorrow, including a case that addresses whether minors have a constitutional right to possess firearms.
State v. Sieyes, No. 82154-2 (briefs and argument). Christopher Sieyes, a 17-year-old, was pulled over for speeding, and a gun was found under the front seat of his car. State law prohibits minors from possessing guns (with limited exceptions) and Sieyes was charged and convicted of criminal possession of a firearm. The question before the Supreme Court is whether the state statute prohibiting minors from possessing guns is a violation of the constitutional right to keep and bear arms guaranteed in the Washington and U.S. Constitutions. More broadly, the Court may consider the proper test for analyzing a violation of the right to bear arms, and whether the Second Amendment to the U.S. Constitution applies to states.
State v. Gonzalez, No. 26070-4 (briefs and argument). In 2003 Robert Gonzalez attacked a man with a metal bar, seriously injured the man, and robbed him of his vehicle. As part of a judgment and sentence, Robert Gonzalez was ordered to pay $20,886 in restitution in June 2004. In June 2006, the prosecutor moved for further restitution in the amount of $25,561 to cover additional medical bills, paid from the crime victims fund. The question before the Court is whether state statutes allow a restitution order to be amended beyond the statutory period, whether under the state and federal constitutions a restitution order is by nature a criminal "punishment," and if it is, whether the amended order constitutes two separate punishments.
