Subscribe in a reader

ISSAQUAH LAW GROUP   PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Legal Roundup: Division II

State v. Sims

Sims appeals his sentence banishing him from Cowlitz County as a violation of his due process rights and equal protection.  Sims was charged with 1st degree child molestation and plead guilty.  He underwent a psychosexual examination for a pre-sentence report.  The report determined that he would present a very low risk for recidivism if allowed to stay in the community.  Based upon the results, the DOC recommended suspending the confinement portion of the sentence under SSOSA (special sex offender sentencing alternative).  The trial court banned him from the county in which the child he molested lived.

The State concedes the error and argues that the case should be remanded back to the trial court for “broader resentencing and reconsideration.”

To survive strict scrutiny the banishment must be narrowly tailored to serve a compelling government interest. The court holds that the banishment of Sims was not narrowly tailored and that there could have been other restrictions imposed to protect the child and her family from Sims.

The court vacates Sims’s sentence and remands back to the trial court for resentencing.  Sims argues that on remand the trial court should not be able to reconsider its SSOSA decision because if allowed to do so it will “chill criminal appeals.”  The court finds the argument compelling, but nevertheless agrees that the trial court should be allowed to reconsider the SSOSA decision. 

Subscribe in a reader

Copyright 2014-2018 by Issaquah Law Group, PLLC. Powered by Squarespace. Background image by jakeliefer.