Consent: Unconstitutional Burden Shift to Defendant in Rape Case A big tip-of-the-hat to appellate counsel in State v. Ortiz-Triana, 193 Wn. App. 769 (2016). The defendant was found guilty at trial of rape in the second degree (“Rape 2”), and appealed his conviction, arguing trial court error in giving the State’s “consent” jury instruction and Read More…
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Tales from the [Criminal] Trenches
“Don’t frequent areas where minors are known to congregate.” Samuel Irwin had sexual contact with three underage girls in various state of undress. It appears he may have photographed his victims. After a number of criminal filings, he entered a plea of guilty to three counts of child molestation in the second degree and one Read More…
Tales from the [Criminal] Trenches
“Do you want some candy?” [Luring – Alive and well] Russell Homan appealed his conviction for “luring.” Mr. Homan’s case took a long time to wind its way back and forth through the appellate courts. Since the opinion of the Washington Court of Appeals occurred in December 2015, the Washington Legislature has already come up Read More…