Victim’s Wishes Can’t Force Court to Give Child Rapist Treatment Instead of Prison State v. McCabe (Division Two #59173-1-11) Unpublished

Joshua McCabe was convicted after jury trial of First and Second Degree Child Molestation and Second Degree Incest. At McCabe’s  second sentencing, McCabe requested a suspended prison sentence, utilizing Washington’s Special Sex Offender Sentencing Alternative, commonly known as a ‘SSOSA’. McCabe’s daughter did not want her father to go to prison, and supported the SSOSA, Read More…

Trans Individuals May Not Be Protected From Juror Discrimination (Division Two State v. Hogan, 84796-1-1)

Nigel Sinclair Hogan Sr was convicted by jury trial of Murder in the Second Degree. On appeal he claimed reversible error by the State’s use of a “peremptory” (“for no stated reason”) challenge to a potential jury. Hogan’s attorney, during jury selection, raised a General Rule 37 (‘GR 37’) objection to the State’s use of Read More…

No Domestic Violence ‘Aggravator’ in Child Molest Case State v. Landa (Dec. 5, 2024) Division III (Unpublished)

Mr. Landa went to trial and was found guilty of 2 counts of Child Molestation in the First Degree (‘CM 1’) with an ‘aggravating factor’ of ‘domestic violence’ (‘DV’). This factor involved the State proving beyond a reasonable doubt (1) the victim and the Defendant were family or household members and (2) the offenses were Read More…