I try to confine my writing to blurbs about recent sex cases, but ‘J.MH.’ is a case of general importance for everyone involved in the criminal justice system, J.M.H. plead guilty to a misdemeanor in juvenile court in 2022. She failed to follow the judge’s court ordered conditions of disposition. The judge issued an arrest Read More…
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Limiting Evidence Instruction “Egregiously Defective” Reversal of Multiple Child Molest Counts State v. Villa Div 1 #85627-8-1 [Unpublished]
Division 1 found the Trial Court here gave a very erroneous limiting instruction on how a jury was to regard 404(b) evidence of ‘other bad acts’. The instruction, propounded by the State prosecutor, inappropriately allowed, almost directed the jury to consider ‘propensity evidence’ in determining whether the State proved the elements of the crime. Propensity Read More…
Child Molestation Conviction Overturned? Does Not Mean Accused Wrongly Convicted! Brock v. State of Washington (Published Division 1 #186617-6-1)
In 1996, Jerry Brock was convicted at trial of Child Molestation in the First Degree and sentenced to life without parole as a “third strikes” persistent offender. Mr. Brock filed many appeals and personal restraint petitions. In 2012, Mr. Brock’s victim recanted her allegations, stating she lied in order to obtain her mother’s attention, and Read More…