No. 20-5329

Douglas Dean Scyphers v. Washington

Lower Court: Ninth Circuit
Docketed: 2020-08-12
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights constitutional-interpretation due-process equal-protection grand-jury indictment indictment-procedure statutory-conflict vagueness
Latest Conference: 2021-01-08 (distributed 2 times)
Question Presented (from Petition)

1. When the Washington State Constitution, Article I, section 26, says, "No
grand jury shall be drawn or summoned in any county, except the superior
judge thereof shall so order." and when Washington State RCW 10.27.030
says, "No grand jury shall be summoned to attend at the superior court
of any county except upon an order signed by a majority of the judges
thereof." In particular:
(a). Are these laws conflicting?
(b). Who has ultimate control?
The "superior judge" or "the majority of the judges"?
(c). Does this create an unequal class of people who get grand jury's?

2. When Washington State RCW 10.27.030 says, "A grand jury shall be summoned
by the court, where public interest so demands, whenever in its opinion
there is sufficient evidence of criminal activity or corruption within
the county or whenever so requested by a public [prosecuting] attorney,
corporation counsel, or by a city attorney upon showing of good cause."
In particular:
(a). Does this RCW violate Washington State Constitution, Article I,
section 12, by creating an unequal class of people who get grand
jury's?
(b). Is it an unequality between citizens, when a corporation is classified
as a citizen, represented by "corporate counsel", and is able to
request a grand jury where other citizens are not able to?
(c). Does this RCW, overall, discriminate in its vagueness as to which
class of people is worthy of a grand jury and which class is not?

3. Are the laws and Constitution of Washington State vague, conflicting,
and discriminate regarding the governing of indictment by a grand jury
and an information? in particular:
(a). Washington State Constitution:
1. Article I, section 2
2. Article I, section 12
3. Article I, section 25
4. Article I, section 26
(b). Washington State RCW 10.27 to 10.27.190
(c). Washington State Court Rules (CrR) 2.1

4. If the constitution and laws of Washington State are found to be in
conflict, vague, or discriminatory, does Washington fall back on Article
I, section 2?
(a). And does Washington have to apply Title III, Rule 7, the same at
the State level as at the Federal level?

5. When Washington State confers a right to a person, does the judge and
or a prosecutor determine the application of the conferred right?

6. Was the Petitioners right to a grand jury and the right to waive a
grand jury abridged by Washington State?

7. Did Washington abridge Petitioners rights of citizenship?

Question Presented (AI Summary)

Question not identified

Docket Entries

2021-01-11
Rehearing DENIED.
2020-12-02
DISTRIBUTED for Conference of 1/8/2021.
2020-10-26
Petition for Rehearing filed.
2020-10-05
Petition DENIED.
2020-09-03
DISTRIBUTED for Conference of 9/29/2020.
2020-08-26
Waiver of right of respondent Washington to respond filed.
2020-07-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2020)

Attorneys

Douglas Dean Scyphers
Douglas Dean Scyphers — Petitioner
Washington
Peter Benjamin GonickAttorney General of Washington, Respondent