In re the Personal Restraint of Addleman

151 Wash. 2d 769 (2004) · Washington Supreme Court · June 10, 2004 · No. 73857-2

Summary

The Washington Supreme Court reviews a personal restraint petition challenging the Indeterminate Sentence Review Board’s extension of Addleman’s minimum sentence. The court holds that the Board reasonably attempted to consider Sentencing Reform Act ranges, did not unlawfully retaliate against Addleman for protected speech by considering his slang dictionary, and did not abuse its discretion in finding that he was not rehabilitated. The petition is denied.

Holdings

  1. The ISRB must make reasonable attempts to set minimum sentences consistently with the SRA, but it has no duty to parole a prisoner whom it determines has not completed rehabilitation before the maximum term expires.
  2. A prisoner challenging an ISRB decision as retaliation for protected speech must show that the action was in fact retaliatory and that the alleged retaliatory action advanced no legitimate penological goals. Addleman failed to establish his claim under that standard.
  3. The ISRB did not abuse its discretion because Addleman failed to show that it violated its procedural rules, failed to consider the SRA standard ranges, or acted without consideration of and in disregard of the facts.

Questions Presented

  1. Whether the ISRB unlawfully extended Addleman's minimum sentence because the extension was substantially longer than the standard range under the Sentencing Reform Act of 1981.
  2. Whether the ISRB abused its discretion by relying on Addleman's slang dictionary in violation of his First Amendment rights.
  3. Whether the ISRB abused its discretion by failing to follow its procedural rules, failing to consider applicable SRA standard ranges, or relying on insufficient evidence of nonrehabilitation.

Disposition

writ_denied

Cases Cited (18)

  • In re Pers. Restraint of Addleman, 139 Wn.2d 751, 991 P.2d 1123 (2000)(followed)
  • Farr v. Blodgett, 810 F. Supp. 1485 (E.D. Wash. 1993)(followed)
  • Crawford-El v. Britton, 523 U.S. 574, 588 n.10, 118 S. Ct. 1584, 140 L. Ed. 2d 759 (1998)(followed)
  • In re Pers. Restraint of Cashaw, 123 Wn.2d 138, 147-50, 866 P.2d 8 (1994)(followed)
  • Foster v. Wash. State Bd. of Prison Terms & Parole, 878 F.2d 1233, 1235 (9th Cir. 1989)(followed)
  • Frazier v. Manson, 703 F.2d 30, 36 (2d Cir. 1983)(followed)
  • Greenholtz v. Inmates of Neb. Penal & Corr. Complex, 442 U.S. 1, 7, 99 S. Ct. 2100, 60 L. Ed. 2d 668 (1979)(followed)
  • Meachum v. Fano, 427 U.S. 215, 224, 96 S. Ct. 2532, 49 L. Ed. 2d 451 (1976)(followed)
  • In re Pers. Restraint of Myers, 105 Wn.2d 257, 268, 714 P.2d 303 (1986)(followed)
  • Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 283-84, 97 S. Ct. 568, 50 L. Ed. 2d 471 (1977)(followed)

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