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…
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Dismissed Child Rape From 30 Years Ago Resurrected? State v. Andersons Division 1 Unpublished 85956-1-1
A.W. reported to law enforcement her father raped her in the 1990’s. Her report occurred in 2020. The State charged Mr. Anderson one month after this report with multiple counts of Rape of a Child in the First Degree (‘ROC 1’). Mr. Anderson filed a pre trial motion to dismiss under criminal rule CrR 8.3(b) 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…