In a case where the defendant, Nicholas Mayer, was accused and convicted of ten criminal counts after robbing a teriyaki restaurant at gunpoint, the Washington State Supreme Court had to decide whether Mayer adequately waived his Miranda rights (derived from the Fifth Amendment), and furthermore, whether that improper Miranda would have mattered when the evidence was stacked against the defendant.
After robbing…
In its most recent opinion, the Washington State Supreme Court had to decide whether the trial court erred by instructing the jury that evidence includes everything that they (the jury) witness in the courtroom, including the defendant’s actions and demeanor.
Robert Barry stood trial for two counts of child molestation. During its deliberations, the jury sent the court a question asking…
The Washington State Supreme Court recently handed down a ruling on a pair of consolidated cases in Fuentes & Sandoz.. Each case involved whether there was a reasonable suspicion of criminal activity that would allow officers to conduct a Terry stop. A Terry stop is a legally justified search/seizure by the police that is based on a reasonable suspicion of criminal activity (note: the basis…
The Washington State Court of Appeals Division III recently handed down an opinion in State v Budd which has to do with the warnings a police officer gives to a resident of a home before entering that home for the purpose of it being searched. Ferrier warnings, as they are called (named after a 1998 Washington State Supreme Court case), inform someone, whose…
On February 26th the Washington Supreme Court handed down a 6-3 decision in State v. Henderson reversing a trial court’s decision to deny Mr. Henderson a lesser-included-offense instruction for First Degree Manslaughter as an alternative to First Degree Murder. Defendants are entitled to lesser-included offense instructions where the evidence could reasonably lead a juror to convict on a lesser offense…
Petitioner Odies Delanus Walker was convicted as an accomplice to first degree murder, first degree assault, first degree robbery, solicitation, and conspiracy on the trial level after it was alleged that he and another individual carried out a premeditated attack on an armored-car driver. In State v Walker the Washington State Supreme Court reversed Mr. Walker’s convictions because of unfairly prejudicial remarks made by the prosecuting attorney during…
In domestic violence cases there is often suspense regarding whether or not the alleged victim will appear at trial and testify against his or her current or former partner. If the alleged victim does not appear, the prosecution (and court) will frequently assume that the defendant has had something to do with his or her absence. In State v. Dobbs, our Supreme Court…
Quentin met Uma[1] at a comic book convention in San Francisco. He had been kicking around the Bay Area after graduating college, taking an odd job here and there, and otherwise “failing to launch,” as his stepmother would put it. Uma was a free spirit, given to impulsive decisions. How much of her unpredictability was an innate to her personality…
The near ubiquitous use of smartphones in the digital age has introduced a wealth of new evidence into many types of criminal cases. Law enforcement routinely subpoenas cell phone records to obtain call records that might substantiate contact between a suspect and a victim or co-conspirator, obtain text messages which can be used as admissions or provide helpful context to…
It is considered stock advice in the criminal defense trade that you should not, under any circumstances, talk to the police. The reason is simple: under the Rules of Evidence anything harmful you say can be used against you, but your out of court statements can’t be used to help you. This is because Evidence Rule 801(d)(2) allows an exception to the…