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State v. Shale

Supreme Court of Washington, En Banc

March 19, 2015

The State of Washington, Respondent,
v.
Howard John Evans Shale, Appellant

Argued February 12, 2015

Appeal from Jefferson County Superior Court. 12-1-00194-0. Judgment or order under review, Date filed 03/08/2013. Honorable Keith C Harper.

Jodi R. Backlund, Manek R. Mistry, and Skylar T. Brett (of Backlund & Mistry ), for appellant.

Michael E. Haas, Prosecuting Attorney, for respondent.

Pamela B. Loginsky on behalf of Washington Association of Prosecuting Attorneys, amicus curiae.

Fronda C. Woods and Jay D. Geck, Assistants Attorney General, on behalf of the Attorney General, amicus curiae.

AUTHOR: Justice Steven C. González. WE CONCUR: Chief Justice Barbara A. Madsen, Justice Charles W. Johnson, Justice Susan Owens, Justice Mary E. Fairhurst, Justice Debra L. Stephens, Justice Charles K. Wiggins, Justice Sheryl Gordon McCloud, Justice Mary I. Yu.

OPINION

[182 Wn.2d 884] González, J.

¶ 1 We are asked to decide whether Washington State has the power to prosecute an enrolled member of the Yakama Nation living on the Quinault Indian Nation's reservation for failing to register with the county sheriff as a sex offender. We find the State has that power and affirm.

Facts

¶ 2 Howard Shale is an enrolled member of the Yakama Nation. He has family in the Quinault Indian Nation as well. In 1997, Shale was convicted of raping a child under 12 in violation of 18 U.S.C. § 2241(c). After Shale was released from prison, he moved to Seattle and registered as a sex offender with the King County sheriff.

¶ 3 In 2012, a Jefferson County sheriff's detective began investigating whether Shale

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had moved to her county without reregistering as a sex offender. At least two officers assisted the detective in her investigation: a Jefferson County sheriff's deputy and a Quinault tribal police officer. One officer went to Shale's father's home, which may have been in Clallam County, and spoke to Shale himself. Shale told the officer he had been living in his father's home for at least three months. The tribal police officer went to the Quinault reservation in Jefferson County and spoke to several people there. They told him Shale had been living on the reservation for approximately a year. Shale later testified that he was living on the reservation with his grandmother. Taken together, the police reports suggest Shale was dividing his time between the two family ...


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