State Can’t Comment on Silence When Police Question Defendant State v. Andrey Chuprinov (Division 1, October 5, 2024, 85145-4-1)

Mr. Chuprinov was charged and convicted at trial of Rape of a Child in the First Degree, Second Degree, Third Degree and Incest in the First Degree, involving his half-sister. Mr. Chuprinov’s half-sister disclosed significant abuse to local law enforcement. An interrogation of Mr. Chuprinov followed, wherein he admitted to having sexual intercourse with his Read More…

Juror Not Removeable For Bias When She’s “On the fence” About Trial Evidence in Child Rape Case (State v. Nathan Smith)

Mr. Smith was convicted at jury trial of Rape of a Child in the First Degree. During jury selection, Mr. Smith’s counsel sought removal of a prospective juror, using a ‘for cause’ challenge, claiming that actual bias was present. The prospective juror indicated during voir dire she might be inclined to simply agree with other Read More…

State v Helkenn (Unpublished) SA Victim’s Testimony Needs No Corroboration (Trend? Round II)

Another Division I case upholding a ‘noncorroboration’ jury instruction. This may be a trend, as a published opinion, State v Zwald, came out one week before Helkenn, and appeared to be inviting a stronger constitutional due process challenge, while ultimately affirming the use of the instruction in Mr. Zwald’s appeal. (See my discussions of State Read More…