Category Archives: Court of Appeals of Washington Division I

1. Constitutional Life Ring Curbed in State v. Hayes – By Blair Russ

   Jan 9, 2012 —

   Just last month, Division One of the Court of Appeals curbed the “manifest injustice” doctrine by its decision in State v. Hayes. The manifest injustice doctrine is the quintessential Constitutional life ring for the accused. This doctrine allows the appellate Court to review unchallenged issues at trial where the unchallenged issue is both obvious and … [More]

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2. Washington Criminal Caselaw Update – State v. Floren (December 2011) – Blood Stain Pattern Evidence

   Jan 6, 2012 —

   The court summarized the case well:  Tracy Floren was convicted of murder in the first degree while armed with a firearm arising from the shooting death of his wife, Nancy. At trial, the prosecution argued that Floren had staged the scene to convince authorities that a burglar had killed Nancy. Consistent with this theory of … [More]

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3. Washington Criminal Caselaw Update – State v. Hayes (December 2011) – Confrontation Clause

   Dec 26, 2011 —

   In State v. Hayes Division I of the Court of Appeals rules on a messy bar room brawl involving two men fighting over a woman.  The woman gets involved and gets hurt.  The boyfriend, Mr. Hayes, ends up charged and convicted of Assault 2, a class B felony.  The appellate court upholds all portions of … [More]

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4. Rare Exclusion Of Expert Opinion – Williams v. Bose (November 2011)

   Nov 27, 2011 —

   A doctors testimony was found not helpful to the jury because he lacked the expertise and would testify on the ultimate issue that the jury was to consider.  Division I of the Court of Appeals heard an appeal from Mr. Williams who made multiple claims against Bose and Christensen and his boss:  racial discrimination; disparate treatment; … [More]

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5. Washington Criminal Caselaw Update 2011 – State v. Turner (October 2011)

   Nov 6, 2011 —

   Nothing is worse for a criminal defense attorney than a state expert testifying at trial on an ultimate that the jury is supposed to be deciding.  In State v. Turner, Division I of the Court of Appeals rejected Mr. Turners claims that the prosecutor conducted misconduct and that the expert violated pretrial motions by having … [More]

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6. Washington State Courts: Guns Can’t Be Banned in Seattle City Parks

   Nov 2, 2011 —

   Gun rights advocates have notched another victory in the state of Washington. A state appeals court ruling released on Halloween day affirms the Washington legislature’s ban on firearms restrictions for parks in the city of Seattle. At issue was whether the Seattle Parks and Recreation Department could prohibit people who were lawfully carrying guns from … [More]

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7. Hate Crime Laws in Washington State – Malicious Harassment

   Sep 26, 2011 —

   In the State of Washington, so-called “hate crimes” are covered under the malicious harassment statutes. The term malicious harassment is meant to describe behavior that is more than just threatening. According to the statute, malicious harassment occurs when a person intentionally threatens a specific individual and places that individual in reasonable fear of harm because … [More]

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8. Washington State Supreme Court Rules On “Deliberate Cruelty” and “Particular Vulnerability” For Increasing Prison Terms

   Sep 16, 2011 —

    This week the Supreme Court of Washington, in State v. Gordon and State v. Bukovsky, ruled that jurors can define aggravating factors themselves when deciding stiffer punishments. The state of Washington allows criminal juries to consider certain “aggravating sentencing factors” when deciding on the sentence for a convicted person. These are designed to give juries … [More]

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9. Washington State Supreme Court Issues Split Decision on Prosecutorial Misconduct

   Aug 30, 2011 —

   In some criminal trials, the argument basically becomes a “he said, she said” dispute. In the absence of hard evidence, the trial outcome largely (or completely) hinges on which side the jury believes. These cases often come down to whether the jurors trust the witness or victim more than they do the defendant, or vice-versa… … [More]

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10. Eyewitness Testimony Faces Review By U.S. Supreme Court After 34 Years

    Aug 24, 2011 —

    During the early days of the U.S., eyewitness testimony was the primary tool used by police to catch criminals and prosecutors to convict them. It wasn’t until recently that researchers started to question the reliability of witness identifications. Today, even though law enforcement has the benefit of scientific techniques to determine the identity of criminals, … [More]

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11. Hanging Out On The Corner And Catching Ride From A Friend In A High Crime Area Is Legal Says Court Of Appeals

    Jul 14, 2011 —

    Blair Russ 206-382-9200 No sun yet this summer in Seattle but the Court of Appeals shed a little light on long standing constitutional protections this week.  Good news for those daring to exit their house or apartment in this grey month of July to visit with neighbors.  The Court said that we can still talk … [More]

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12. Murder Case Tossed Over “Racist” Comments

    Jun 21, 2011 —

    The Washington Supreme Court has thrown out a murder case in an 8-1 ruling due to “prosecutorial misconduct” for what was deemed racist arguments. In 2007, Kevin Monday was convicted of first-degree murder and first-degree assault in a high profile murder case, that stemmed from a gang related shooting in Pioneer Square, reports the Seattle … [More]

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13. Authority of Washington Sentencing Judges Reduced – Maximum Sentence for Gross Misdemeanor Redefined

    Apr 26, 2011 —

    On April 15, 2011, Governor Gregoire signed Bill SSB 5168 into law. This law redefines that maximum sentence for a gross misdemeanor to 364 days, a reduction of one day. This bill had support by both democrats and republicans in both houses. Under the former law, a gross misdemeanor had a maximum sentence of 365 … [More]

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14. Lakewood Police Officer Investigation Becomes “Open Criminal Courts Caselaw”

    Jan 12, 2011 —

    In the wake of the Maurice Clemons horror that ended the lives of numerous dedicated law enforcement officers, the Washington State Supreme Court ruled that police reports following the conclusion of the police investigation must be considered “open to the public” or public record and subject to the public disclosure statutes. None of the exceptions (that provide for nondisclosure) applied. … [More]

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15. Washington’s Medical Marijuana-What is a “Qualifying Patient”

    Dec 24, 2010 —

    Doctors Note does not prevent Prosecution Under the medical marijuana initiative, it is perfectly legal for individuals to use marijuana for specific medical ailments. If a person has a medical condition that qualifies, a physician can grant them a medical marijuana authorization after they have been advised of the benefits vs. risks. The law provides … [More]

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16. Medical Marijuana Certificate Won’t Stop the Police

    Dec 16, 2010 —

    A medical marijuana certificate will not prevent police officers from obtaining a search warrant, entering your home, and hauling you away to jail. In addition, according to the Supreme Court, your prosecution won’t be barred by the medical marijuana certificate and you will have to hire an attorney to assert a defense in a criminal trial … [More]

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