Washington v. Yishmael (Majority and Dissent)
Annotate this CaseNaziyr Yishmael, who was not an attorney, advised clients that they could "homestead" in apparently abandoned properties and, after a period of time, acquire title through adverse possession. After some of his clients were arrested for taking up residence in other people's houses, he was charged with and convicted of misdemeanor unlawful practice of law. On appeal, he contended: (1) the jury was improperly instructed that the unlawful practice of law was a strict liability offense; (2) the trial court's use of GR 24 to define the practice of law violated separation of powers was an inappropriate comment on the evidence; (3) the Statute was unconstitutionally vague; and (4) the evidence presented was insufficient to sustain his conviction. Finding no reversible error, the Washington Supreme Court affirmed Yishmael’s conviction.
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