Court Warns of Possible Sanction in Manslaughter Appeal
The Washington State Court of Appeals, Division II, has alerted legal counsel involved in an appeal regarding a manslaughter conviction that financial penalties could be imposed if required paperwork is not submitted immediately. A letter issued by the office of Court Clerk/Administrator Derek M. Byrne on July 27 indicated that the appellant missed the July 24 deadline for filing the Designation of Clerk's Papers and the Statement of Arrangements.
The correspondence warns that unless these documents or a request for an extension are received by August 6, the matter will be referred for further action. The letter explicitly states that sanctions totaling $250 "may be imposed without further notice."
Citing RAP 18.9(a), the letter notes that the appellate court possesses the authority to impose penalties when a party or their counsel fails to adhere to appellate procedure rules. The court's public docket reflects two entries dated July 27 regarding a sanctions letter and two entries concerning a motion for sanctions due to failure to file.
While these documents are procedural, they establish the timeline for the remainder of the appeal. The designation of clerk's papers, required under RAP 9.6(a), specifies which trial court records must be transmitted for review. The statement of arrangements, mandated by RAP 9.2(a), identifies the individual preparing the trial transcript and the specific hearing dates involved.
The appellant's opening brief is scheduled to be filed 60 days after the transcript is submitted, or 45 days after the designation if the record does not include a transcript. These deadlines were originally established in a June 24 letter from the same office, which emphasized in bold type that it "may be the only notice you will receive concerning due dates."
The appeal concerns a conviction for first-degree manslaughter under RCW 9A.32.060(1)(a) regarding the death of Richard Madeo, 70. A Clallam County jury returned its verdict on Feb. 12. On March 31, Superior Court Judge Brent Basden sentenced Fisher to 90 months in prison, within a standard range of 78 to 102 months, followed by 36 months of community custody.
Trial attorney Lane Wolfley filed the notice of appeal in Clallam County Superior Court on April 14. An order of indigency was filed in superior court the same day, allowing Fisher to pursue review at public expense, including transcripts, clerk's papers and appointed counsel.