Appellant John Schlabach, doing business as Senior Asset Preservation Services, Inc. (SAPS), marketed "Pure Trusts" to Washington citizens as a means to protect their assets from creditors while minimizing tax consequences. At a time when the federal government was investigating Mr. Schlabach's participation in a Colorado-based investment program, the Washington Attorney General's Office filed a Consumer Protection Act (CPA) proceeding against Mr. Schlabach's Washington operations. Mr....  

Officers contacted Curtis N. Beito while he was a passenger in a vehicle parked outside a convenience store. When asked, he provided his name and birth date. Officers ran this information through their database and discovered Mr... Beito had a warrant for his arrest. In a search incident to arrest, officers found a stolen credit card. The State charged Mr. Beito with second degree possession of stolen property. He requested dismissal, arguing the initial contact was unconstitutional. The trial...  

Leonard Browning leases two pieces of property from Barbara Drake. These properties are located in Pend Oreille County. In 2006, Department of Natural Resources (DNR) forester Marc LeClaire issued two stop work orders prohibiting any further timber harvesting on the properties. Ms. Drake and Mr. Browning did not appeal these orders to the Forest Practices Appeals Board (Board). Several months later, DNR sought enforcement of the orders in superior court. The court granted an injunction...  

Clifford Grogan appeals his first degree child molestation conviction, contending the trial court erred in allowing evidence of his statements and child hearsay statements. Finding no abuse of discretion, we affirm... FACTS... One evening in summer 2001, Sandra Holloway, Mr. Grogan's stepdaughter, was bathing six-year old M.L. and M.L.'s sister at Mr. Grogan and Harriet Grogan's home in Cusick, Washington. M.L. told Ms. Holloway, "'Pap-pa' or `Pop-pa' — `has touched me down...  

Frank Hanson appeals the marriage-dissolution court's property division with Karen Hanson. He contends the court overvalued the family home and erroneously awarded Ms. Hanson's separate property, a 1948 truck, to him. However, the values are within the range of evidence and all property, both community and separate, is before the court for division. We find no abuse of discretion in the property division and the court's decision to deny attorney fees. Accordingly, we affirm... FACTS... The...  

Robert Silvio Agli appeals his conviction for second degree unlawful possession of a firearm. He asserts multiple acts and omissions of his trial counsel, which he contends constitute ineffective assistance of counsel. We conclude that Mr. Agli was not prejudiced by inadequate representation and affirm... FACTS... Siblings David Perez and Linda Sifuentez were awakened at 4 a.m. on April 22, 2007 to a stranger persistently knocking at their apartment door. Mr. Perez looked through the peephole...  

Specific provisions of real estate covenants take precedence over more general consent-to-construction provisions of those same covenants. Here, the covenants permitted construction of a residence up to 30 feet in height. The covenants also provided for approval of plans by an architectural committee. The trial court concluded that the appellants' house was under the 30-foot limit set out in the covenants but, nonetheless, ordered the owners to adhere to a decision of the architectural...  

The equitable doctrine of judicial estoppel precludes, among other things, a party from later asserting a claim that it failed to list in bankruptcy schedules. Here, the appellants listed a claim in the statement of affairs section of their bankruptcy schedules but not in the statement of assets section of those same schedules. They now... ... ... assert that claim in this litigation. We conclude, as a matter of law, that listing the claim in the statement of affairs section was sufficient to...  

Jeremy Cleveland appeals his conviction of unlawful possession of a controlled substance, methamphetamine, with intent to deliver while armed with a deadly weapon. He argues that he received ineffective assistance of counsel and the prosecutor committed misconduct. He raises additional arguments pro se.1 We reverse and remand... FACTS... On the afternoon of May 12, 2006, Tacoma Police Officers Gary Keefer and Mike Tscheuschner were on routine patrol in their vehicle at Wapato Park at the corner...  

Eugene Mudarri appeals the trial court's summary judgment dismissal of his declaratory judgment action against the State of Washington, in which he sought (1) authorization to operate electronic scratch ticket lottery games at his private casino; or (2) alternatively, invalidation of the 1996 State-Tribe Compact,1 under which the Puyallup Tribe (Tribe) operates electronic scratch ticket games at its nearby tribal casino. Mudarri's arguments fall into three basic categories: (1) challenges to...  

Richard Stone appeals his residential burglary jury conviction. He argues that (1) the evidence is insufficient to show he intended to commit a crime when he unlawfully entered the victim's house; (2) the trial court improperly denied his motion for a directed verdict; and (3) he presented sufficient evidence for the jury to find that he was not guilty by reason of insanity. We affirm... FACTS... I. Residential Burglary and Arrest... At approximately 4 am on September 22, 2006, Richard Stone...  

SW, a juvenile, appeals his adjudications for count I, first degree trafficking in stolen property,1 count II, first degree possession of stolen property,2 and count III, second degree taking a motor vehicle without permission.3 He argues that the juvenile court erred in failing to hold a CrR 3.5 hearing and that he received ineffective assistance of counsel. Because the juvenile court failed to conduct an independent assessment of the credibility and voluntariness and, thus, the admissibility...  

The superior court reversed and remanded a municipal court finding that Francis Regan violated a condition of his probation. The City of Aberdeen appeals, arguing that the superior court erred because it applied the wrong burden of proof. The City contends that revoking probation based on a violation of a "no criminal violations of the law" condition does not require a finding of proof beyond a reasonable doubt but instead requires evidence sufficient to reasonably satisfy the municipal...  

In this consolidated appeal, Michaele-Ann Hazen appeals the modification of a parenting plan and an order finding her in contempt. We affirm... FACTS... When Michaele-Ann Hazen and Daniel Destito divorced in 1997, they had three young children, M.D., T.D., and B.D. The final parenting plan provided for a three-week rotating schedule. The plan also stated that the parents would have joint decision-making authority. As the children grew older, the parties agreed to deviate from the court ordered...  

Following a jury trial in Snohomish County Superior Court, Karl Ammann was convicted of one count of stalking, one count of violating a domestic violence protection order, and one count of violating a civil antiharassment protection order. Ammann appeals from the judgment and sentence entered on the verdicts, contending that there was insufficient evidence presented for the jury to convict him of violating the civil antiharassment protection order and that, in any event, the conviction merges...  

Four years after dissolution of the marriage of Kristi Ewing and Brian Schreiner in 2002, the State filed a petition to modify child support at Ewing's request. The trial court rejected Schreiner's claim that the 2002 orders were void for lack of subject matter jurisdiction and referred the action to mandatory arbitration. Following an arbitration hearing where Schreiner refused to offer testimony or evidence and Schreiner's failure to timely file and serve his request for trial de novo, the...  

Isiah Hall was convicted of several crimes, including three counts of tampering with a witness. As to those charges, he argues that his multiple convictions violate the prohibition against double jeopardy. Because the unit of prosecution for tampering with a witness is any one instance of attempting to induce a witness or a person to do any of the actions set forth in RCW 9A.72.120, Hall's double jeopardy protection was not violated. In the unpublished portion of this opinion we reject Hall's...  

Melvin Xavier entered into a plea agreement in which he expressly agreed to the State's offender score calculation. Though he attempted to argue the calculation was incorrect at the sentencing hearing, he ultimately withdrew the objection to take advantage of the plea agreement. Because the alleged error does not present a legal issue, but rather involves a factual question about whether certain prior convictions constitute the same criminal conduct, Xavier may not challenge the offender score...  

Angela Glassburn challenges the termination of her parental rights pursuant to chapter 26.33 RCW, which provides a mechanism for termination in an adoption proceeding. She argues that the statute violates due process because it does not require a finding of harm or risk of harm. But the requirements of due process are satisfied when parental unfitness is established by clear, cogent, and convincing evidence. Glassburn also contends that the trial court violated due process by terminating her...  

A court may enhance a sentence if a defendant was armed with a deadly weapon "at the time of the commission of the crime."1 Because Matthew Korzelius was armed at the time he unlawfully entered the victim's home, the trial court properly imposed a deadly weapon enhancement to his sentence. We affirm... Early in the morning of February 13, 2007, M.C., a minor, was home alone and awoke to the sound of intruders in her house. She called 911. When police arrived and searched the home, they...