Category Archives: Court of Appeals Division II

1. Washington Criminal Caselaw Update – State v. Walker (November 2011) -Prosecutorial Misconduct

   Dec 1, 2011 —

   Prosecutorial Misconduct – the criminal defense attorneys best and not often recognized friend.  Many of us defense attorneys wander the halls of justice from trial to trial watching judges and prosecutors send people away for years at a time in what seems like a well rehearsed dance.  Cynical? Yes.  The constant defeat of defense arguments … [More]

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2. Washington Criminal Law Caselaw Update – State v. Steen (November 2011)

   Nov 21, 2011 —

   The crime of obstructing a police officer is designed to punish people who hinder a criminal investigation or impede the activity of law enforcement personnel as they try to carry out their duties. But sometimes, this crime is used as a “catch-all” charge by police when an individual doesn’t obey.  And First Amendment Rights are … [More]

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3. Washington Criminal Caselaw Update 2011 – State v. Pierce (November 2011)

   Nov 15, 2011 —

   The Court of Appeals, in this unpublished opinion, upheld the trial courts determination of a “gang expert” as an expert under  Evidence Rule 702.  What’s interesting about this otherwise long and tedious opinion is the comment by the Appellate Court that if the defense had shown that the expert opinion was nothing but common knowledge … [More]

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4. Washington Criminal Caselaw Update – State v. Fitchitt (August 2011)

   Oct 22, 2011 —

   Scientific Evidence has an enormous impact on Jurors.  When government witnesses assume the role of experts the jury assumes their neutrality and scientific objectivity.  Trial lawyers battle to uncover the prosecutorial bias of police officers masquerading as experts based on their experience.  In State v. Fitchitt the Second Division of the Court of Appeals affirmed … [More]

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