Tag: Criminal Cases

State v. Garcia, Jr. – Not Enough Evidence for First Degree Kidnapping Conviction

In State v. Garcia, Jr., No. 88020-4, the State Supreme Court unanimously reversed the defendant’s first degree kidnapping and second-degree kidnapping convictions and remanded for a new trial of those convictions, but affirmed the defendant’s criminal trespass conviction. The defendant, Phillip Garcia, Jr., believed he was involved in a car chase after hearing gun shots … Continue Reading

Summary of Cases Granted Review at Washington Supreme Court’s October Conference

At its October 1, 2013 conference, the Washington Supreme granted review to four cases. We provide a summary of the issues presented in each case below. State v. Owens Supreme Court No. 88905-8 Court of Appeals No. 67867–1–I PFR & Answer Issue: Whether the Court of Appeals properly reversed a conviction for First Degree Trafficking … Continue Reading

Anxious Trial Witness Permitted to Testify in Presence of Comfort Dog

At issue in State v. Dye (PDF) was whether a criminal defendant is denied a fair trial by allowing a developmentally disabled victim to testify with the assistance of a comfort dog.  Such trial management decisions are reviewed for abuse of discretion.  Based on the evidence presented to the trial court at a hearing on the … Continue Reading

Washington Supreme Court Holds Alford Plea Will Support a Death Penalty Verdict

In re Cross [Wash. Sup. Ct. No. 79761-7] The Washington Supreme Court unanimously held in this opinion that a capital sentence can be predicated on an Alford plea.  The court explained that the “advantage” of entering an Alford plea in a capital case is to preserve the ability to argue in the penalty phase that … Continue Reading

No Prejudice Where Jury Received Charging Instructions Not Included in Original Charging Information

In the Matter of the Personal Restraint of Benjamin B. Brockie, No. 86241-9 (Sept. 26, 2013) (en banc) Benjamin Brockie was charged by information for, among other things, first degree robbery.  Brockie’s charging information indicated that “in the commission of an immediate flight therefrom, the defendant displayed what appeared to be a firearm or other … Continue Reading
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