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David Zaitzeff v. City of Seattle, Washington

Paid petition · Court of Appeals of Washington, Division 1, No. 80436-7-I · judgment April 5, 2021


Certiorari denied · February 22, 2022
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

The city of Seattle has a municipal code. This code prohibits the public carry of knives by ordinary, lawabiding citizens, speaking of knives which are “fixed blade” or of blade length greater than 3.5 inches. The Seattle law is enforced against those who are merely in their cars or passing through. David Zaitzeff is a repeat victim of crime who has worn and desires to carry (by means of wearing in a sheath, that is) a fixed blade knife or sword in Seattle. Crimes have been committed against Zaitzeff at Greenlake, in other parts of Seattle and in other cities. After unjust conviction, Zaitzeff presents three ques­ tions:

  1. Whether the Second Amendment allows the government to prohibit ordinary law abiding citizens from carrying fixed blade knives, or knives of a specific blade length, when outside the home for self-defense?

  2. Whether the ex post facto designation of Greenlake Park as a “sensitive area” by the Washington state appeals court is within its power and constitutional?

  3. Whether the trial court violated my right to present a defense by precluding, in limine, the evidence and discussion of the elements of a defense of necessity, doing so on the basis that the threat was generalized rather than specific to that day?

Counsel of record

For petitioner
David Zaitzeff

For respondent
Richard E. Greene
Seattle City Attorney's Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2022
    Petition DENIED.
  2. Jan 26 2022
    DISTRIBUTED for Conference of 2/18/2022.
  3. Jan 12 2022
    Waiver of right of respondent City of Seattle, Washington to respond filed.
  4. Dec 16 2021
    Petition for a writ of certiorari filed. (Response due January 20, 2022)