This document summarizes significant litigation cases involving Malcolm Ross, Senior Counsel for the Attorney General of Washington. It describes 6 cases where Ross represented the state. The cases involved the civil commitment of sexually violent predators and whether they received ineffective counsel or their civil rights were violated. In all cases, the trial court decisions were ultimately affirmed on appeal, resulting in the civil commitment of the individuals in question.

1. SIGNIFICANT LITIGATION
Malcolm Ross
Senior Counsel, Attorney General of Washington
1. In re Detention of Kevin Coe, 286 P.3d 29 (Wash.2012)
Represented: Respondent, State of Washington (Petitioner in trial court).
Courts: Spokane County Superior Court; Washington State Court of Appeals, Division III;
Washington State Supreme Court (en banc).
Issues: a) Whether a ritualistic crime signature was sufficiently unique to identify Coe as the
perpetrator in 17 non-adjudicated rapes;
b) whether seven victims of non-adjudicated rapes should have testified;
c) whether the state's expert could testify about five victims the defense was unable to
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depose or cross-examine at trial;
d) whether crime data was properly admitted;
e) whether the state's expert could rely on a ritualistic crime signature and crime data when
opining that Coe was responsible for 17 non-adjudicated rapes; and
f) whether Coe received ineffective assistance of counsel.
Role: I was co-counsel at the Spokane County Superior Court jury trial; I examined Coe as the
state's witness, cross-examined his expert and gave closing argument, among other duties.
On appeal I co-wrote the state's 100-page brief for the Court of Appeals and successfully
argued the case (In re Coe, 250 P.3d 1056 (Wash.App.2011)). When review was granted
by the Washington Supreme Court I wrote the state's brief and successfully argued the case
to the panel.
Final Disposition: The trial court was affirmed, the state prevailed and Coe was civilly committed.
Participation Dates: I participated at the trial level from the inception of case in August, 2006
through the verdict on October 16, 2008; I participated in appellate litigation in the
appellate courts from November 2008 through oral argument in the Supreme Court on
February 28, 2012; from the 2008 verdict to the present I have represented the state in post-commitment
hearings.
Judges. Trial court: Honorable Kathleen M. O'Connor, Spokane County Superior Court Judge,
dept4@spokanecounty.org, (509) 477-4707.
Opposing Counsel. Trial court: Timothy Trageser, ttrageser@spokanecounty.org, (509) 477-4246;
Marla Polin, polinlaw@hotmail.com, (509) 323-2425; jrodgers@spokanecounty.org, (509)
477-4246. Appellate courts: Casey Grannis, grannisc@nwattorney.net, 206-623-2373.

2. 2. In re Detention of Roy Stout, 150 P.3d 86 (Wash.2007)
Represented: Respondent, State of Washington (Petitioner in trial court).
Courts: Skagit County Superior Court; Washington State Court of Appeals, Division I;
Washington State Supreme Court (en banc).
Issues: a) Whether Stout could re-litigate his predicate conviction at the civil commitment trial,
where he had not admitted guilt when entering an Alford plea to the underlying burglary
charge. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970);
b) whether Stout had a due process right to confront live witnesses at trial;
c) whether denying Stout a confrontation right violated equal protection;
d) whether the State was collaterally estopped from introducing evidence of an attempted
rape of which Stout had been acquitted; and
e) whether the trial court erred by not entering a conclusion of law that Stout had difficulty
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controlling his behavior.
Role: I was sole counsel in the 2003 Skagit County Superior Court bench trial. On appeal I wrote
the state's brief for the Court of Appeals and successfully argued the case (In re Stout, 114
P.3d 658 (Wash.App.2005)). When review was granted by the Washington Supreme Court
I assisted with the appellate brief and was second chair at oral argument.
Final Disposition: The trial court was affirmed, the state prevailed and Stout was civilly
committed.
Participation Dates: I participated at the trial level for six months in 2003, through the trial, and
from January 2004 through the opinion in 2005 in the Court of Appeals. I continued to
represent the state in post-commitment matters until 2008 and in the State Supreme Court I
had four months involvement editing the brief and assisting at oral argument.
Judges. Trial court: Honorable Susan K. Cook, Skagit County Superior Court Judge, (360) 336-
9320.
Opposing Counsel. Trial court: Paula L. McCandlis, pmccandlis@brettlaw.com, (360) 714-0900.
Appellate courts: Elaine L. Winters, elaine@washapp.org, (206) 587-2711.
3. In re Detention of Calvin Mines, 266 P.3d 242 (Wash.App.2011)
Represented: Respondent, State of Washington (Petitioner in trial court).
Courts: Walla Walla County Superior Court; Washington State Court of Appeals, Division III.
Issues: a) Whether Mines' equal protection rights were violated by allowing the state to prove, in
the 2010 trial, that his 1970 conviction for assault first degree was sexually motivated;
b) whether the trial court abused its discretion when it declined to bifurcate the trial;
c) whether the denial of bifurcation violated mines' equal protection rights;
d) whether previous versions of charging documents were improperly admitted;
e) whether the court's refusal to give a limiting instruction was error.

3. Role: I was sole trial counsel in the 2010 Walla Walla County Superior Court jury trial. On appeal
I wrote the state's brief for the Court of Appeals and successfully argued the case.
Final Disposition: The trial court was affirmed, the state prevailed and Mines was civilly
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committed.
Participation Dates: I participated at the trial level from 2007 through the February, 2010 trial.
Following trial I represented the state in post-commitment matters until Mines' death in
2012, and represented the state in the appeal until the final decision in December 2011. On
my motion the Court of Appeals amended its decision to replace victim names with initials.
Judges. Trial court: Honorable John W. Lohrmann, Walla Walla County Superior Court Judge,
(509) 524-2790.
Opposing Counsel. Trial court: Charles Hubbard Thronson, (509) 382-3100; Randell O'Neil
Lewis, (509) 382-2236. Appellate courts: Elaine L. Winters, elaine@washapp.org, (206)
587-2711; Susan F. Wilk, susan@washapp.org, (206) 587-2711.
4. In re Detention of John Berry, 248 P.3d 592 (Wash.App.2011)
Represented: Respondent, State of Washington (Petitioner in trial court).
Courts: Snohomish County Superior Court; Washington State Court of Appeals, Division I.
Issues: a) Whether the trial court should have granted Berry's motion to hold a Frye hearing to
determine whether his rape disorder diagnosis was novel and not generally accepted
within the scientific community (published section of opinion). Frye v. United States,
293 F. 1013, 1014 (D.C.Cir.1923).
b) Whether the trial court should have granted Berry's motion for new counsel
(unpublished section of opinion).
Role: I was co-counsel in the 2009 Snohomish County Superior Court jury trial. On appeal I
wrote the state's brief for the Court of Appeals and successfully argued the case.
Final Disposition: The trial court was affirmed, the state prevailed and Berry was civilly
committed.
Participation Dates: I participated at the trial level from 2008 through the 2009 trial, and thereafter
I represented the state in the appeal until the final decision in March, 2011. I continue to
represent the state in this case for post-commitment hearings.
Judges. Trial court: Honorable Thomas J. Wynne, Snohomish County Superior Court Judge, (425)
388-3418.
Opposing Counsel. Trial court: Thomas W. Cox, thomaswcoxaal@hotmail.com, (425) 422-0629;
Michael Charles Kahrs, mike@kahrslawfirm.com, (206) 264-0643. Appellate courts:
Thomas M. Kummerow, tom@washapp.org, (206) 587-2711.

4. 5. In re Detention of Hubert Ransleben, 144 P.3d 397 (Wash.App.2006)
Represented: Respondent, State of Washington (Petitioner in trial court).
Courts: Pierce County Superior Court; Washington State Court of Appeals, Division II.
Issues: a) Whether Ransleben could be civilly committed as a sexually violent predator, where his
cognitive impairments would traditionally result in civil commitment to a hospital; and
b) whether Ransleben's right to counsel was impaired because he was not competent.
Role: I was sole trial counsel in the Pierce County Superior Court bench trial. On appeal I wrote
the state's brief for the Court of Appeals and successfully argued the case.
Final Disposition: The trial court was affirmed, the state prevailed and Ransleben was civilly
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committed.
Participation Dates: I participated at the trial level from 2004 through the 2005 trial, and thereafter
I represented the state in the appeal until the final decision in 2006. I have also represented
the state in post-commitment hearings from the 2005 trial to the present.
Judges. Trial court: Honorable Bryan Chushcoff, Pierce County Superior Court Judge, (253) 798-
7574.
Opposing Counsel. Trial court: Judith Michelle Mandel, judithmmandel@gmail.com, 86
1082608305 (China); John Patrick O'Melveny (guardian ad litem),
jomelveny@harbornet.com, (253) 597-8979. Appellate courts: Reed Manley Benjamin
Speir, (253) 722-9767.
6. Aponte vs. State, Department of Social and Health Services, 965 P.2d 626 (Wash.App.1998)
Represented: Petitioner, State of Washington, Department of Social and Health Services (DSHS).
Courts: Washington State Office of Administrative Hearings (trial level); DSHS Administrative
Review (agency review level); King County Superior Court (judicial review level);
Washington State Court of Appeals, Division I; Washington State Supreme Court.
Issues: a) Whether state administrative regulations required revocation of a foster care license
where licensee refused to engage in a sexual deviancy evaluation;
b) whether DSHS abused its discretion revoking Aponte's foster care license where he
engaged in "red flag" activities with a four-year-old child and refused to participate in
an evaluation; and
c) whether Aponte should be awarded statutory attorney fees where the DSHS review
judge had sua sponte disqualified him from child care positions and the state later
withdrew that decision.
Role: I was sole counsel at the three-day, February, 2005 administrative hearing, as well as on
review before the DSHS review judge and the King County Superior Court. On appeal I
co-wrote the state's brief for the Court of Appeals and successfully argued the case. I also

5. co-wrote the state's answer to a petition for review to the Washington Supreme Court,
which denied review.
Final Disposition: In one of my first substantial cases the state lost at the administrative hearing,
prevailed with the agency's review judge, lost in the superior court, prevailed in the Court
of Appeals and ultimately prevailed when the Supreme Court declined review. The
revocation of Aponte's foster care license was affirmed, but he was awarded statutory
attorney fees because the state withdrew the decision disqualifying him from child care
positions.
Participation Dates: I participated in this case at every level from December, 2004 through denial
of review by the Washington Supreme Court in 1999.
Judges. Administrative Hearing: Janice Elizabeth Shave, then-ALJ with Washington Office of
Administrative Hearings, (206) 390-9910, currently serving as a Federal ALJ in Reno,
Nevada, (877) 897-0607. Superior Court: Honorable Marsha Jean Pechman (now Federal
District Court Judge, Western District of Washington), (206) 370-8820.
Opposing Counsel: Bradley S. Keller, bkeller@byrneskeller.com, (206) 622-2000.
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