Our family belongs to the Sikh religion and came to the United States in January, 2006, from Punjab, India as legal Permanent Residents. Unfortunately, in July, 2009, our family was trapped in a tragedy due to my father’s chemical imbalance in his brain.
Further, our family became a victim of Washington State’s tyranny when my father was unlawfully and arbitrarily charged, prosecuted, and convicted of “TWO” separate counts of murder for “ONE VICTIM” under the Second Amended Information (see Sub #131 and 157-158 under Case No. 09-1-05492-1KNT), See Sanabria v. United States, 437 U.S. 54,65-66 n.19 and 20,57 L.Ed.2d 43,98 S.Ct. 2170(1978) (citing Fed. R. Crim. R. 7(c)(1), which provides that “it may be alleged in a single count that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means.”);State v. Bowerman, 115 Wn.2d 794,800,802 P.2d 116(1990)(citing State v. Scott, 64 Wn.2d 992,993,395 P.2d 377(1964) resulted his fundamental constitutional rights of PROTECTION AGAINST DOUBLE JEOPARDY and PROTECTION OF FAIR TRIAL were both violated.
After facial violation of double jeopardy appeared on the face of the record, and upon defense counsel refusal, my father on April 20,2012 (sentencing day) moved to the trial court by submitting captioned “Dismissal Under CrR 8.3(b)” letter/motion (Sub #177) to inform the circumstances warranting dismissal consistent with State v. Sonneland, 80 Wn. 2d 343,347(1972)(It is the only practicable way by which trial courts can be informed of circumstances warranting dismissal).
The superior court judge disregarded its constitutional duties to rule on the merits of the motion within 90 days. See RCW 2.08.240; Wash. Const. art. 4 $20; art. 1810 (Justice in all cases shall be administered openly, and without unnecessary delay). Trial court effectively entombed his CrR 8.3(b) and left him without a plain, speedy, and adequate remedy. See In re Bennett, No. 52503-4-1 (Div.-1 2004)(A writ of mandamus is proper where error committed by an inferior court is not correctable through an appeal). Further, trial court imposed the sentence without jurisdiction. See Roberts v. Lockett, 2009 WL 2998148; 2:09-cv-1012(2009) (Quoting Menna v. New York, 423 U.S. 61,62-63(1975) (A very narrow exception to this holding exists where the court was “without jurisdiction to impose any sentence”, as where a petitioner’s protection against double jeopardy is violated).
Upon unsuccessful direct appeal and numerous PRPs, with the help of an inmate he filed a motion for nunc pro tunc order (Sub #304-305 dated 7/29/25), requesting the superior court to rule on his CrR 8.3(b) filed on 4/20/2012. The superior court entered an order transferring his motion for nunc pro tunc order as CrR 7.8 motion to Appellate Court (Sub#307) on 08/08/25.
I’m reaching out to the world for legal help and support in fighting the justice system? If you have any questions, please feel free contact me at (206)-779-4338 or missrai1987@gmail.com.
