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From the Desk of Dena Alo-Colbeck

The following criminal cases of note were decided this week:

Washington State Law

Division One Court of Appeals

State v. Duncalf:  The Court upheld the jury’s general and special verdicts, finding that the two could be harmonized.  The Court reasoned that the special verdict, a finding of an aggravating circumstance that authorized the imposition of an exceptional sentence, could be harmonized with the general verdict convicting Mr. Duncalf of a crime inferior in degree to the highest charged ...

The following criminal cases of note were decided this week:

Washington State Law

Washington State Supreme Court

Personal Restraint of Coats:   The court reviewed a challenge to Mr. Coats’ judgment and sentence that was brought fourteen years after the fact when Mr. Coats claimed that the document erroneously states that the maximum sentence for the crime committed, conspiracy to commit murder, ...

The following criminal cases of note were decided this week:

Washington State Law

Washington State Supreme Court

In Re Detention of Danforth: The Court found that Mr. Danforth’s actions in describing to an officer in the King County Sheriff’s Office his history of sex offenses and explicitly outlining his plans to molest boys and have intercourse with a child reasonably could be interpreted as a threat. The Court reasoned that Mr. Danforth’s repeated statements that he would act on his plans ...

From the Desk of Dena Alo-Colbeck

The following criminal cases of note were decided this week:

Washington State Law

Washington State Supreme Court

State v. Immelt: The Court overturned Ms. Immelt’s conviction for violating a noise ordinance by sounding her car horn at length in front of a neighbor’s house in the early morning hours. The Court found that the ordinance, which prohibits horn honking for a purpose other than public safety, or originating from an officially sanctioned parade or other public event, ...

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

Washington State Law

Washington State Supreme Court

State v. Ibarra-Cisneros: The court reversed Mr. Ibarra-Cisneros’s conviction for possession of cocaine based on an unlawful search of his brother and co-defendant’s cell phone. The Court agreed with the Court of Appeals that the search of Mr. Ibarra-Cisneros’ home was unlawful and the subsequent evidence seized as a result of the subsequent search of the cell phone must also be ...

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

The following criminal cases of note were decided this week:

Washington State Law

Washington State Supreme Court

State v. Perez-Valdez: The Court affirmed Mr. Perez-Valdez’s conviction for one count of second degree rape of a child and one count of third degree rape of a child, finding proper two evidentiary decisions made by the trial court. The Court determined that the defense called witnesses who testified to Mr. Perez-Valdez’s ...

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

The following criminal cases of note were decided this week:

Washington State Law

Washington State Supreme Court

State v. Robinson: The Court found that the trial court properly allowed Mr. Robinson to withdraw his guilty plea after learning that his juvenile convictions, which he had believe had washed out, would in fact count toward his offender score, significantly increasing his statutory sentencing range. The Court agreed with the ...

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

The following criminal cases of note were decided this week:

Washington State Law

Division One Court of Appeals

State v. Mandanas: The Court upheld Mr. Mandanas’ convictions for second degree assault and felony harassment, finding that Mr. Mandanas failed to raise his current double jeopardy challenge in his first appeal in this case. Despite this, the Court reviewed the case on the facts, and found that there was no ...

Courtesy of Law Offices of Dena Alo-Colbeck
“Writing and Research for Washington Attorneys”

Washington State Law

Washington State Supreme Court

Personal Restraint of Talley: The Court held that former RCW 9.92.151 (2004) requires a county jail to provide opportunities for an inmate who is yet to be sentenced to earn credit toward early release, also known as “good-time” credit. As the Skamania County Jail and the Department of Corrections did not provide such opportunities to Mr. Talley prior to his ...