The following are some of the published cases in which Washington Appellate Project clients have prevailed.
Click on a case name to view the full opinion.
State v. Chavez (June 17, 2019). Remanded for resentencing due to incorrectly calculated offender score and improperly imposed DNA fee.
State v. Muse (June 3, 2019). Reversal of possession with intent charge due to the numerous instances of prosecutorial misconduct and improper comments from trial court.
State v. Ross (May 21, 2019). Murder conviction reversed for speedy trial right violation.
State v. Dunbar (May 7, 2019). Conviction reversed for prejudicial ER 404(b) violation.
State v. Melland (May 6, 2019). Assault conviction reversed for insufficient evidence of recklessness.
State v. Johnson (May 6, 2019). Court finds that seizure was unlawful because the officers involved were aware of nothing that constituted a reasonable, articulable suspicion of potential criminal activity, and affirms the decision in this state appeal.
State v. Robinson (April 22, 2019). Conviction reversed because prior misdemeanor based on Barr plea cannot be used to elevate VNCO (violation of a no contact order) to felony.
State v. Gardner (April 15, 2019). State concedes error as to the felony VNCO (violation of a no-contact order) convictions.
State v. Osborne (April 15, 2019). Court remands for resentencing because State failed to prove comparability of out-of-state prior.
State v. Thornton (April 15, 2019). Court reverses murder conviction because prosecutor shifted burden of proving self-defense in closing argument.
State v. Espinosa (April 8, 2019). Murder conviction reversed because trial court denied the right to present a defense when it gave first aggressor instruction and refused to give instruction on defense of others.
State v. Wallette (April 4, 2019). Convictions reversed because the defendant was not afforded a meaningful right to a defense.
State v. Knox (March 18, 2019). Remanded for the court to strike down community custody conditions.
State v. Mans (March 11, 2019). Conviction of unlawful possession of meth overturned because Terry Stop was found to be suspicious.
In re Matter of Dependency of G.C.B. (March 4, 2019). Termination of parental rights reversed due to lack of notice regarding deficiencies.
In re Detention of F.M. (February 25, 2019). Commitment order reversed due to insufficiency of the evidence and findings.
State v. Mobley (February 25, 2019). Conviction reversed because State did not honor its plea agreement.
In re Dependency of A.J., D.J., & A.M.J. (January 31, 2019). Termination of parental rights reversed because State failed to provide necessary services.
State v. Mowen (January 22, 2019). $76,000 restitution award reversed because trial court improperly limited cross-examination on the issue of damages.
State v. Marquette (December 17, 2018). Sentence reversed because trial court improperly calculated defendant’s offender score as 18 when it should have been zero.
State v. Allen (December 13, 2018). Double jeopardy prohibits retrial on aggravating factors of which defendant was acquitted.
State v. Gregory (October 11, 2018). Striking down Washington’s capital punishment statute and holding “the death penalty is invalid because it is imposed in an arbitrary and racially biased manner.”
State v. Glover (August 7, 2018). New LFO hearing ordered because sentencing judge failed to conduct adequate inquiry into defendant’s ability to pay.
State v. Jameison (July 2, 2018). Trial court properly dismissed murder charge because defendant was not an accomplice to the killer; he did not encourage the killer’s actions and was himself a victim of the killer’s assault.
State v. Solomon (May 29, 2018). Trial court’s dismissal of prosecution for outrageous government conduct affirmed.
State v. Davis (May 29, 2018). Sentence reversed because five prior California burglary convictions were wrongly included in offender score.
State v. Joseph (April 30, 2018). Conviction for felony violation of a no-contact order reversed for insufficient evidence, and sentence reversed for failure to instruct on requirements of unanimity and proof beyond a reasonable doubt for the aggravating circumstances.
State v. Catling (March 15, 2018). Judgment and sentence must be modified to specify that payment of legal financial obligations cannot be made from the proceeds of Social Security disability payments.
State v. Dreewes (January 29, 2018). Assault conviction reversed for insufficient evidence.
State v. Gonzalez (January 17, 2018). Witness-tampering conviction reversed for insufficient evidence and drug-possession sentence reversed for faulty jury instruction.
State v. Salas (January 8, 2018). Conviction reversed and new trial granted for prosecutorial misconduct and ineffective assistance of counsel.
In re the Personal Restraint of White (December 26, 2017). Assault conviction reversed for violation of right to be free from double jeopardy.
State v. H.Z.-B. (November 20, 2017). Trial court properly sealed defendant’s juvenile record because she completed the requirements of her deferred disposition and her case was dismissed with prejudice.
State v. Allen (October 31, 2017). Trial court properly dismissed the allegations of aggravating circumstances under chapter 10.95 RCW on double jeopardy grounds.
In re Detention of D.V. (October 23, 2017). 14-day commitment reversed because no one testified they feared respondent would harm them.
State v. Sinrud (October 2, 2017). New trial granted because jury instruction constituted improper judicial comment on the evidence.
In re Dependency of L.S. (October 2, 2017). A teenage girl who felt unsafe at home properly brought action to have herself declared dependent so that she could continue to live apart from her mother.
State v. Bigsby (August 10, 2017). Trial court lacked statutory authority to impose sanctions for community custody violations.
In re Detention of Marcum (August 3, 2017). Detainee entitled to full evidentiary because State failed to meet its burden at show cause hearing.
State v. Linville (June 27, 2017). Reversing 137 convictions because charges were improperly joined in one trial.
State v. Lyons (June 6, 2017). Involuntary medication order reversed because trial court wrongly prohibited defendant from presenting his own expert testimony.
In re the Personal Restraint of Schley (February 21, 2017). New trial granted because wrong standard of proof was used at hearing to revoke drug offender sentencing alternative.
State v. Ortiz-Abrego (January 12, 2017). Reversing ruling of Court of Appeals because trial court properly determined that defendant was incompetent to stand trial.
State v. Ortuno-Perez (November 28, 2016). Conviction reversed because trial court wrongly prevented the defendant from introducing evidence that a different person committed the crime.
State v. Clark-El (November 7, 2016). Sentence reversed because jury did not find drug defendant delivered was methamphetamine.
State v. Houser (October 24, 2016). Conviction reversed because trial court erroneously gave missing witness instruction.
State v. Hummel (October 17, 2016). Reversing convicition for first-degree murder because State failed to prove premeditation.
State v. Morales (September 26, 2016). Conviction and sentence reversed because court entered judgment that was not authorized by jury verdict.
In re K.M.T. (August 23, 2016). Termination of military veteran’s parental rights reversed because court did not find he was an unfit parent or that he showed a substantial lack of regard for his parental obligations.
State v. Batson (June 6, 2016). Conviction for failure to register reversed because the State failed in its burden to prove beyond a reasonable doubt that Batson lacked a “fixed residence” during the charging period.
State v. Stump (April 28, 2016). Imposition of appellate costs reversed where defendant’s attorney moved to withdraw and no merits brief was filed.
City of Seattle v. Pearson (February 29, 2016). Conviction reversed because defendant’s blood was drawn without a warrant and the government did not prove exigent circumstances existed.
In re the Personal Restraint of Moi (October 29, 2015). Conviction reversed for violation of the right to be free from double jeopardy.
State v. Cayetano-Jaimes (September 21, 2015). Conviction reversed and case remanded for a new trial because defendant’s constitutional right to present a defense was violated by judge’s refusal to allow critical witness for the defense to testify by telephone from Mexico.
In re Detention of Black (August 24, 2015). Civil commitment reversed because defendant was denied his constitutional right to be present during a critical stage of trial.
State v. Mohamed (August 17, 2015). New trial granted where defendant’s prior convictions were improperly admitted under ER 806.
State v. Conover (August 13, 2015). Sentence reversed because drug-crime enhancement statute does not require trial courts to run school bus stop enhancements on different counts consecutively to each other.
State v. O’Dell (August 13, 2015). Sentence reversed because a defendant’s young age at the time of the crime may be considered a mitigating circumstance in support of a sentence below the standard range, but trial court believed it was not permitted to consider the defendant’s youth.
State v. E.J.J. (June 25, 2015). Conviction for obstruction of justice reversed because it was improperly based on defendant’s exercise of his First Amendment right to observe and criticize police use of force, and defendant did not engage in any acts of physical obstruction.
State v. Hart (June 18, 2015). Assault conviction vacated for violation of the constitutional right to be free from double jeopardy.
State v. S.J.C. (June 11, 2015). Statute permitting former juvenile offenders to seal their records under certain circumstances does not violate article I, section 10 of the Washington Constitution.
State v. Peeler (May 7, 2015). Conviction reversed because State failed to comply with the Intrastate Detainers Act.
State v. Jones (April 6, 2015). Conviction reversed because trooper lacked reasonable suspicion to support a traffic stop where officer merely observed driver cross the fog line three times.
State v. Rich (March 23, 2015). Reckless endangerment conviction reversed because State presented insufficient evidence to prove the elements of the crime beyond a reasonable doubt, as required by the Due Process Clause.
State v. Henderson (February 26, 2015). New trial required because court improperly denied request to instruct the jury on a lesser-included offense.
State v. Hayes (February 5, 2015). Sentence reversed because court improperly applied aggravators to an accomplice.
State v. Allen (January 15, 2015). Convictions for four counts of first-degree murder reversed because prosecutor committed prejudicial misconduct by repeatedly misstating the law of accomplice liability.
State v. Button (November 25, 2014). Sentence condition requiring defendant to stand on street corner with sign describing crime reversed because the relevant statute does not permit public shaming as part of punishment.
State v. Gunderson (November 20, 2014). Conviction reversed because trial court improperly admitted evidence of prior bad acts under ER 404(b).
State v. W.R. (October 30, 2014). Rape conviction reversed because court improperly placed burden on defendant to prove alleged victim consented to sex, in violation of due process.
State v. Farnsworth (October 28, 2014). First-degree robbery conviction reversed because State failed to prove defendant was an accomplice to the use or threatened use of force.
State v. Grisby (September 25, 2014). New trial required because court improperly interviewed jurors in chambers, in violation of the constitutional right to a public trial.
State v. Webb (August 26, 2014). Persistent offender sentence reversed because one prior conviction was invalid on its face and the other did not constitute a qualifying offense.
State v. Blancaflor (August 25, 2014). New trial required because after juror was excused, trial court failed to instruct reconstituted jury to begin deliberations anew.
State v. Hampton (August 11, 2014). New trial granted because defendant was denied his Sixth Amendment right to be represented by his counsel of choice.
In re Detention of Lane (August 11, 2014). RCW 71.34.740(9), which prohibits the application of the rules of evidence in juvenile 14-day commitment hearings, violates the separation of powers doctrine and is unconstitutional.
In re Dependency of A.M.M. (August 4, 2014). Termination of parental rights reversed because State and court failed to comply with amended version of statute in effect at the time of termination.
State v. Figeroa Martines (July 21, 2014). Conviction reversed because State tested defendant’s blood without a search warrant.
State v. Villanueva-Gonzalez (July 17, 2014). Two assault convictions violated the Fifth Amendment right to be free from double jeopardy because the underlying acts occurred during the same course of conduct.
State v. K.L.B. (June 26, 2014). Conviction for making a false statement to a public servant reversed because listener was not a public servant under the statute.
State v. Berniard (June 24, 2014). Conviction reversed because trial court improperly removed a potential hold-out juror and violated the defendant”s constitutional right to confront the witnesses against him.
State v. Kinzle (June 17, 2014). Conviction reversed because defendant was deprived of his constitutional right to confront the witnesses against him.
State v. Lamar (June 12, 2014). Conviction reversed for violation of the constitutional right to a unanimous jury.
In re the Welfare of H.Q. (March 25, 2014). Reversing and holding the right to relinquish parental rights in order to consent to adoption is part of the fundamental right to parent protected by due process.
State v. Henderson (March 19, 2014). Conviction reversed because trial court abused its discretion in denying defendant’s motion to instruct the jury on a lesser-included offense.
State v. Rainey (February 24, 2014). Reversal required because trial court violated defendant”s constitutional rights to a public trial and to confront the witnesses against him.
State v. Barrara Garcia (February 13, 2014). State failed to prove two of three alternative means of kidnapping; trial court improperly excluded evidence of defendant”s intent and improperly admitted evidence of prior convictions.
State v. Cardenas Muratalla (February 3, 2014). Conviction reversed because officers unconstitutionally seized defendant without reasonable suspicion that he committed a crime.
State v. Hayes (November 13, 2013). Exceptional sentence vacated because aggravating factor at issue does not apply to accomplices.
In re Detention of Ritter (November 5, 2013). Involuntary civil commitment case remanded for hearing on admissibility of evidence obtained using novel scientific tool used to predict dangerousness.
State v. Green (October 28, 2013). Convictions reversed because police violated defendant’s right to privacy under article I, section 7 of state constitution by searching his car without a warrant.
State v. Jacob (August 27, 2013). Sentence reversed and case remanded for resentencing because trial court incorrectly calculated offender score.
State v. Ralph (August 6, 2013). Conviction reversed for violation of the right to be free from double jeopardy, and sentence reversed because an Oregon conviction was improperly counted in offender score.
State v. Vasquez (July 25, 2013). Forgery conviction reversed because State presented insufficient evidence of intent to injure or defraud.
State v. Jones (June 4, 2013). Conviction reversed and case remanded for new trial because defendant’s constitutional right to a public trial was violated.
State v. P.E.T. (April 29, 2013). Conviction reversed and case remanded for new trial because trial court erroneously placed the burden of proving incompetence on a defendant who had already been found incompetent to stand trial.
State v. Bravo Ortega (March 21, 2013). Conviction reversed because officer arrested misdemeanor suspect without a warrant and without having witnessed the alleged misdemeanor.
State v. Spencer-Wade (January 28, 2013). Conviction reversed for race discrimination in jury selection.
United States v. Phillips (December 26, 2012). Mail fraud conviction reversed for insufficient evidence.
State v. Ibarra Guevara (December 6, 2012). Conviction reversed because police invaded child’s privacy without authority of law in violation of article I, section 7 of Washington Constitution.
State v. Coley (October 9, 2012). Conviction reversed because trial court improperly placed burden on defendant to prove he continued to be incompetent to stand trial.
State v. Barron (September 18, 2012). Conviction reversed because defendant was strip-searched in violation of Washington law.
In re the Personal Restraint of Wilson (July 2, 2012). New trial granted because improper accomplice liability instruction was given.
State v. Snapp (April 5, 2012). Convictions reversed because police officers searched defendant’s car without a warrant after arresting him, in violation of article I, section 7 of the Washington Constitution.
State v. Winborne (March 20, 2012). Sentence reversed because term of community custody imposed was improper under statute.
State v. Jasper (March 15, 2012). Admission of certifications without opportunity to cross-examine individuals who prepared them violated the Confrontation Clause of the Sixth Amendment.
State v. Lucas (March 6, 2012). Conviction reversed because trial court abused its discretion in admitting evidence of prior conviction.
State v. Villano (January 26, 2012). Prohibition on possession of “gang paraphernalia” stricken because unconstitutionally vague.
State v. Hummel (January 3, 2012). Conviction reversed because trial court held a portion of voir dire in chambers without conducting the required analysis under State v. Bone-Club, thereby violating the constitutional right to a public trial.
State v. O’Brien (November 21, 2011). Three of four convictions reversed for double jeopardy violation.
State v. Hayes (October 24, 2011). Two convictions reversed because a person is not guilty of leading organized crime if he merely aids a leader of organized crime.
State v. Ramos (October 17, 2011). Conviction reversed because prosecutorial misconduct during cross-examination and closing argument denied the defendant his right to a fair trial.
State v. Peters (September 19, 2011). Conviction reversed because jury instruction impermissibly lowered the State’s burden of proof.
In re the Detention of Cherry (September 13, 2011). New civil commitment trial granted because the State agreed it could not prove the petitioner continued to be mentally ill and dangerous.
State v. Dash (August 8, 2011). Conviction reversed because jury instruction allowed jury to convict based on conduct that occurred outside the statute of limitations.
In re the Termination of S.J. (August 2, 2011). Termination of parental rights reversed where State failed to provide simultaneous treatment for co-occurring disorders and failed to provide services to address the resulting deterioration in the parent-child bond.
In re the Detention of D.F.F. (July 14, 2011). Court rule automatically closing involuntary commitment proceedings to the public violates article I, section 10 of the Washington Constitution.
State v. Chavez (June 30, 2011). Denial of motion to withdraw guilty plea reversed for ineffective assistance of counsel.
State v. Monday (June 9, 2011). Conviction reversed because prosecutor denied defendant a fair trial through repeated use of racist comments.
State v. Webb (June 7, 2011). Exceptional sentence reversed and case remanded for sentencing within the standard range because State presented insufficient evidence to prove the aggravating factor beyond a reasonable doubt.
State v. Weaver (April 7, 2011). Sentence reversed because State failed to prove criminal history.
In re the Welfare of A.G. (March 24, 2011). Termination of parental rights reversed because not based on parental unfitness.
State v. Sandoval (May 17, 2011). Defendant was denied his Sixth Amendment right to the effective assistance of counsel when his attorney advised him to plead guilty to a deportable offense without properly advising him of the immigration consequences.
State v. Flora (March 14, 2011). Conviction reversed because trial court failed to provide jury instruction defining “willfully”.
State v. Cochrane (February 14, 2011). Conviction reversed because information charging crime was constitutionally inadequate.
State v. Tucker (February 10, 2011). Revocation of juvenile deferred disposition reversed because State failed to timely institute revocation proceedings.
State v. Lee (February 7, 2011). Conviction reversed for double-jeopardy violation and case remanded to trial court for reconsideration of order sealing juror questionnaires.
State v. Wilson (December 23, 2010). Sentence reversed because prior anticipatory offense was mistakenly counted as a completed felony in defendant’s offender score.
State v. Stark (December 16, 2010). Conviction reversed because court improperly gave an aggressor instruction and provided insufficient jury instruction on conspiracy.
State v. Deer (December 13, 2010). Convictions reversed because trial court erroneously allowed State to amend the charging document after resting its case, and failed to instruct the jury that the State bore the burden of proving a volitional act beyond a reasonable doubt.
State v. Dixon (December 7, 2010). Conviction reversed because trial court omitted the “knowledge” element from the jury instruction on accomplice liability.
State v. Marchi (December 7, 2010). Conviction reversed for double jeopardy violation.
State v. Garcia Salgado (October 7, 2010). Conviction reversed because defendant’s DNA was taken without a warrant and without probable cause supported by oath or affirmation.
State v. Moeurn (October 7, 2010). Sentence reversed because trial court incorrectly calculated offender score.
State v. Stubbs (October 7, 2010). Exceptional sentence reversed because basis for exceptional sentence inhered in the conviction and was already accounted for in calculating the standard-range sentence.
In re the Dependency of B.R. (September 27, 2010). Termination of parental rights reversed because State did not prove that mother was an unfit parent.
State v. Jasper (September 20, 2010). Conviction for Driving with Suspended License reversed because defendant’s constitutional right to confront the witnesses against him was violated.
State v. Ervin (September 9, 2010). Sentence reversed because two Class C felonies that had washed out were improperly included in the defendant’s offender score.
In re the Personal Restraint of Bovan (August 23, 2010). Department of Corrections improperly refused to give petitioner credit for time he served in detention awaiting hearings for alleged community custody violations.
State v. Vars (August 16, 2010). One of two indecent exposure convictions reversed for double jeopardy violation because unit of prosecution is the exposure, not the number of viewers.
In re the Dependency of D.F.M. (August 2, 2010). Child properly placed with father in Oklahoma because the Interstate Compact on Placement of Children does not apply to parents.
State v. Reanier (August 2, 2010). Court exceeded its statutory authority by imposing 10-year term of commitment where the statute allowed for a maximum of 5 years.
State v. Koch (July 20, 2010). Convictions for manslaughter and criminal mistreatment reversed because trial court improperly refused to instruct jury that unwanted medical attention constitutes assault.
State v. Combs (June 17, 2010). Exceptional sentence reversed because commission of crime more than 6 months after release from incarceration did not constitute “rapid recidivism.”
State v. Williams (June 15, 2010). Second-degree assault conviction reversed for double jeopardy violation.
In re the Welfare of A.B. (June 10, 2010). Order terminating parent’s relationship with child violated due process because trial court did not find that father was unfit to parent.
State v. Lucero (May 6, 2010). Sentence reversed because the State failed to prove defendant’s criminal history at the sentencing hearing, and defendant did not affirmatively acknowledge the alleged history.
State v. McDaniel (April 28, 2010). Convictions reversed for violation of the Confrontation Clause where detective repeated testimonial evidence from non-testifying witnesses whom the defendant could not cross-examine.
State v. Madsen (March 25, 2010). Defendant’s convictions reversed because he was denied the right to represent himself in violation of the state and federal constitutions.
State v. Scalara (March 23, 2010). Conviction reversed where police officers unconstitutionally searched defendant’s car following his arrest.
In re the Personal Restraint of Rainey (March 11, 2010). Lifetime no-contact order stricken because sentencing court did not consider whether the duration of the order was reasonably necessary to serve the State’s interests.
In re the Personal Restraint of Quinn (March 8, 2010). Defendant’s petition was timely filed and he was entitled to withdraw his guilty plea because he had been misadvised of the applicable sentence.
In re the Welfare of C.S. (January 21, 2010). Termination of parental rights reversed where State did not provide biological mother with any of the services it provided the foster mother to address child’s special needs.
State v. Burns (December 10, 2009). Article I, section 22 of the Washington Constitution guarantees a criminal defendant’s right of self-representation on appeal.
In re the Personal Restraint of Beito (November 12, 2009). Exceptional sentence reversed because facts supporting it were not proved to a jury beyond a reasonable doubt.
State v. Grib (October 27, 2009). Convictions reversed because police officers violated defendant’s right to privacy by searching his car after he was secured and not within reaching distance of the vehicle.
In re the Personal Restraint of Spires (July 13, 2009). Personal restraint petition granted because 10-year period for enforcement of legal financial obligations expired.
State v. Engel (July 9, 2009). Burglary conviction reversed because area that was only partially fenced did not constitute a “fenced area” for purposes of the burglary statute.
State v. Gray (July 6, 2009). Court of Appeals granted request for post-conviction DNA testing under RCW 10.73.170, because Gray demonstrated that DNA testing had advanced since the time of trial, that the evidence from the DNA testing would be new, significant, and material to the identity of the perpetrator, and that the evidence would suggest Gray’s innocence on a more probable than not basis.
State v. Jain (July 6, 2009). Convictions reversed because the trial court’s “to convict” instructions allowed the jury to convict the defendant of two counts of money laundering based on his disposition of properties not charged in the information.
In re the Dependency of Tyler L. (June 11, 2009). Dependency court erred in suspending mother’s visitation with children, because no concrete risk of harm was shown.
State v. Durrett (June 1, 2009). Two convictions for failure to report weekly as a sex offender violated double jeopardy because they involved only one unit of prosecution.
State v. Powell (May 12, 2009). Second-degree rape conviction reversed for ineffective assistance of counsel where defendant’s trial attorney failed to propose a jury instruction on the “reasonable belief” defense.
In re the Interest of Silva (May 7, 2009). Contempt order against youth vacated because juvenile court did not find all statutory contempt remedies inadequate before exercising its inherent authority to punish.
State v. Knippling (April 30, 2009). Defendant’s prior conviction may not be counted as a strike because he was a juvenile at the time of the conviction and there is no indication on the judgment and sentence why he was before the superior court rather than the juvenile court.
State v. Hinshaw (April 16, 2009). Conviction reversed because police officers improperly entered suspect’s home without a warrant.
State v. Martin (April 13, 2009). Conviction vacated for violation of double jeopardy clause.
In re the Personal Restraint of Rowland (April 6, 2009). Sentence vacated and case remanded for resentencing where trial court improperly included incomparable out-of-state conviction in offender score.
State v. Dingman (March 10, 2009). Convictions reversed because trial court erred in denying defendant’s discovery request.
State v. S.A.W. (December 23, 2008). Conviction reversed where trial court failed to hold a hearing regarding whether the defendant’s statement to police was voluntary.
State v. Larkins (December 22, 2008). Sentence reversed because incomparable out-of-state conviction had been improperly included in offender score.
State v. Montejano (December 11, 2008). Felony riot conviction reversed because the accused was not armed and did not know that the other participants were armed.
State v. Gossage (November 13, 2008). A defendant who has served his time in prison and has no sentence obligations remaining must be issued a certificate of discharge restoring his civil rights.
State v. Quismundo (September 11, 2008). Conviction reversed and charge dismissed without prejudice because trial court improperly allowed State to amend the charging document after resting its case.
State v. Pruitt (July 14, 2008). Conviction reversed because defendant’s right to be present at his trial was violated.
State v. Smith (June 24, 2008). Conviction reversed where police officers violated defendant’s Fourth Amendment rights by ordering her out of a car at gunpoint without any individualized suspicion of danger or wrongdoing.
State v. Davis (May 22, 2008). Exceptional sentence vacated where trial court improperly deviated from legislatively prescribed sentencing procedures.
In re the Dependency of M.S.D. (May 12, 2008). Dependency reversed because mother’s decision to be in relationship with man who had 10-year-old criminal conviction did not constitute abuse or neglect. Court holds that “while continuing contact with the man in question may not be ideal, it is not within the province of the state to make significant decisions concerning the custody of children merely because it could make a ‘better’ decision.”
State v. Weyrich (May 8, 2008). Denial of motion to withdraw guilty plea reversed where defendant was misadvised of the maximum sentence he faced.
State v. Gatewood (May 1, 2008). Conviction unanimously reversed where police officers seized defendant without reasonable suspicion of criminal activity.
In re the Detention of D.F.F. (April 28, 2008). Civil commitment order reversed because court rule requiring closure of the courtroom violated D.F.F.’s constitutional right to a public trial and the public’s right to the open administration of justice.
State v. Recuenco (April 17, 2008). Firearm sentence enhancement vacated where it had not been charged or submitted to a jury, and the error could not be harmless.
State v. Enlow (March 6, 2008). Conviction for manufacturing methamphetamine reversed where State failed to prove either actual or constructive possession of the truck in which the materials were discovered.
State v. Regan (February 26, 2008). Conviction reversed where defense attorney was ordered to testify against his client, creating a conflict of interest and violating the defendant’s Sixth Amendment right to counsel.
In re the Detention of Smith (June 12, 2008). Because the 2005 amendments to the SVP statute do not apply retroactively, the petitioner must be granted an evidentiary hearing to determine whether he is eligible for release.
In re Dependency of A.K. (December 20, 2007). Before a juvenile court may exercise its inherent authority to hold a child in contempt and impose a punitive sanction, it first must find that the statutory remedies for criminal contempt under RCW 7.21.040 are not adequate.
In re Personal Restraint of Mattson (December 17, 2007). The statute governing transfer to community custody in lieu of earned early release does not allow the Department of Corrections to categorically exclude offenders based on a forensic evaluator’s determination that the offender meets the sexually violent predator criteria.
State v. Smith (December 10, 2007). Case remanded for resentencing where court imposed a hybrid sentence not authorized by statute.
In re the Interest of R.V.M. (October 22, 2007). 30-day criminal contempt sanction for at-risk youth reversed as an unwarranted use of inherent authority because the trial court did not refer the matter for a statutory prosecution or explain why Washington’s criminal contempt statute was inadequate for the purpose of punishing the juvenile.
State v. Moore (October 11, 2007). Conviction reversed where police officer did not have probable cause to arrest the defendant, and therefore the arrest and search incident to arrest were invalid.
In re the Dependency of Schermer (October 11, 2007). Dependency case remanded for a new hearing where the trial court erroneously concluded as a matter of law that the child was not a dependent child because on the day of the hearing he was being adequately cared for out of the home.
State v. Everybodytalksabout (September 6, 2007). State violated defendant’s Sixth Amendment right to counsel by conducting a presentence interview without defense counsel, deliberately eliciting incriminating statements from the defendant during that interview, and using those statements against the defendant at his subsequent trial. Conviction reversed.
In re the Interest of S.G. (August 30, 2007). Termination of parental rights reversed where trial court found there were no specific parental deficiencies evidenced but terminated father’s rights anyway “on the off-chance that he may have a problem unknown to the state.”
State v. Borsheim (August 27, 2007). Convictions on three counts reversed where trial court’s instructions improperly allowed jury to base four convictions on a single act, in violation of the accused’s right to be free from double jeopardy.
In re Smith (July 9, 2007). Trial court properly granted developmentally disabled defendant an exceptional sentence of confinement below the standard range, along with a standard-range term of community custody.
In re the Detention of J.S. (June 1, 2007). J.S. had a constitutional right to waive counsel and represent himself at his involuntary treatment hearing. Trial court erred in denying his request to represent himself without making a determination of his competence.
State v. Cayenne, 158 P.3d 623. Trial court lacked jurisdiction to prohibit defendant from possessing gill nets on the Chehalis Indian Reservation. Prohibition vacated.
State v. Thiefault, 160 Wn.2d 409, 158 P.3d 580. Defendant received ineffective assistance of counsel at sentencing, in violation of the Sixth Amendment, where his attorney failed to object to erroneous analysis regarding the comparability of a prior Montana conviction to a Washington crime. Sentence vacated and case remanded for resentencing.
State v. Tyler, 138 Wn. App. 120, 155 P.3d 1002. Conviction reversed where State presented testimonial hearsay evidence in violation of the defendant’s Sixth Amendment right to confront the witnesses against him.
State v. Hopkins, 137 Wn. App. 441, 154 P.3d 250. Conviction reversed and remanded because the trial court failed to conduct a competency hearing before finding that a child witness was unavailable to testify for child-hearsay statutory purposes.
State v. Coleman, 159 Wn.2d 509, 150 P.3d 1126. Conviction reversed where trial court failed to give jury instruction requiring unanimous agreement as to which act defendant committed beyond a reasonable doubt.
In re the Dependency of T.L.G. (January 16, 2007). Juvenile court’s suspension of parental visitation with dependent children improper where not based on a showing of risk to their children’s health, safety, or welfare, but rather as a sanction for failure to comply with court orders or services.
State v. Williams, 136 Wn. App. 486, 150 P.3d 111. Conviction reversed and remanded for new trial where trial court erred both by incorrectly instructing the jury as to the elements of accomplice liability and by not instructing on the need for jury unanimity.
Sieffert v. Dep’t of Soc. & Health Servs. (In re G.A.R.), 137 Wn. App. 1, 150 P.3d 643. Termination of mother’s parental rights was reversed where mother was not present at hearing; trial court admitted several exhibits that were adverse to mother without her counsel objecting; and court could only speculate as to strengths in mother’s case that might have been revealed by competent counsel.
State v. Hagar, 158 Wn.2d 369, 144 P.3d 298. Defendant’s exceptional sentence violated Blakely v. Washington when it was based on facts not stipulated to by defendant or found by a jury beyond a reasonable doubt.
State v. Soto-Rodriguez, 134 Wn. App. 907, 143 P.3d 838. Court reverses conviction and remands for new trial where prosecutor’s inflammatory closing argument was “so egregious as to constitute prosecutorial misconduct, the appeals to passion and prejudice therein having compromised the fairness of the trial.”
State v. Easterling, 157 Wn.2d 167, 137 P.3d 825. Holding that the trial court committed an error of constitutional magnitude when it directed that the courtroom be fully closed to Easterling and to the public during trial without first satisfying the requirements set forth in State v. Bone-Club, 128 Wn.2d 254, 258-59, 906P.2d 325 (1995). The trial court’s failure to engage in the required case-by-case weighing of the competing interests prior to directing the courtroom be closed rendered unfair all subsequent trial proceedings. Court reverses Easterling’s conviction and remands for a new trial.
State v. Nguyen, 131 Wn. App. 815, 129 P.3d 821. In granting State’s motion to continue trial over defendant’s objection, trial court violated defendant’s speedy trial rights under Wash. Super. Ct. Crim. R. 3.3(b)(1) as the suspicion that a link would “potentially” be discovered between defendant’s case and the other cases was not sufficient to justify the delay of trial as required in the administration of justice under Rule 3.3(f)(2).
State v. Johnston, 156 Wn.2d 355, 127 P.3d 707. The court ruled that RCW § 9.61.160, consistent with the First Amendment, must be construed to prohibit only to true threats. A “true threat” is a statement wherein a reasonable person would foresee that the statement would be interpreted as a serious expression of an intention to inflict bodily harm upon or to take the life of another individual. Conviction reversed where instruction to jury defined “threat” too broadly.
State v. Godsey, 131 Wn. App. 278, 127 P.3d 11. Conviction for possession of drug paraphernalia reversed where conviction was based on statements protected by physician-patient privilege.
State v. Parks, 136 Wn. App. 232, 148 P.3d 1098. Where court never found probable cause to support underlying offense, bench warrant for arrest was invalid and fruits of the search incident to that arrest should have been suppressed. Conviction reversed.
State v. Morse, 156 Wn.2d 1, 123 P.3d 832. Reversing conviction and holding that a police officer’s subjective belief made in good faith about the scope of a consenting party’s authority to consent cannot be used to validate a warrantless search under article I, section 7 of the Washington Constitution.
State v. Rivers, 130 Wn. App. 689, 128 P.3d 608. Where the State failed to provide a certified copy of the judgment and sentence for prior second degree robbery conviction, the evidence was insufficient to prove the prior conviction; thus, defendant could not be sentenced under the Persistent Offender Accountability Act.
State v. Young, 129 Wn. App. 468, 119 P.3d 870. Defendant’s convictions for second degree murder, first degree assault, and first degree unlawful possession of a firearm were reversed and remanded for a new trial as the trial court’s mistake in disclosing to the jury venire that defendant had a prior second degree assault conviction created substantial prejudice against defendant.
State v. Kinneman, 155 Wn.2d 272, 119 P.3d 350. Restitution order reversed and remanded for evidentiary hearing where State had not proved amount of victim’s loss.
State v. Mezquia, 129 Wn. App. 118, 118 P.3d 378. Exceptional sentence reversed under Sixth Amendment where the jury did not determine whether the State proved the factual basis for defendant’s exceptional sentence beyond a reasonable doubt.
State v. Tai N., 127 Wn. App. 733, 113 P.3d 19. Juvenile’s exception sentence (“manifest injustice disposition”) reversed because the trial court’s stated reasons for imposing it did not clearly and convincingly prove that the standard range sentence for this juvenile offender presented a serious and clear danger to society.
State v. Grayson, 154 Wn.2d 333, 111 P.3d 1183. Court vacated defendant’s sentence and remanded for new sentencing hearing where trial judge categorically refused to consider statutorily authorized drug offender sentencing alternative.
State v. Sansone, 127 Wn. App. 630, 111 P.3d 1251. A sentence for a violation of community placement was improper where a term used in a condition required for the defendant’s community placement was unconstitutionally vague and in violation of his due process rights.
In re Personal Restraint of Tran, 154 Wn.2d 323, 111 P.3d 1168. DOC could not require an inmate to serve the first five years of a sentence for first-degree assault as “flat time” under former RCW § 9.94A.120(4), where the judgment included only a conviction for first-degree assault with a firearm or other deadly weapon enhancement.
State v. Abd-Rahmaan, 154 Wn.2d 280, 111 P.3d 1157. In a parole revocation case, the modification of defendant’s sentence was invalid to the extent the trial court relied on the hearsay testimony of a community corrections officer as good cause was not established to admit the hearsay evidence.
State v. Mills, 154 Wn.2d 1, 109 P.3d 415. Conviction reversed where jury was not instructed on all the elements required to convict the inmate of felony harassment under RCW § 9A.46.020.
In re Dependency of T.L.G., 126 Wn. App. 181, 108 P.3d 156. Reversing termination of parental rights and remanding for further proceedings because DSHS failed to provide all necessary services and failed to show that parental deficiencies could not be remedied in the near future. Also, because the children were possibly Indian children, the court was required to notify the tribe or the BIA of the proceedings, and this requirement was not satisfied.
State v. Wallin, 125 Wn. App. 648, 105 P.3d 1037. Holding that a search made without a warrant and pursuant to an invalid order extending community placement violated article I, section 7 of the Washington Constitution. Judgment and sentence reversed.
In re the Detention of Ward, 125 Wn. App. 381, 104 P.3d 747. Petitioner established probable cause to warrant full trial on the issue of whether he remained a sexually violent predator, where he presented a report from an expert who opined, based on changes in diagnostic practices, that the petitioner was not a sexually violent predator.
State v. K.N., 124 Wn. App. 875, 103 P.3d 844. A juvenile charged with being a minor in possession of liquor, who stipulated to his date of birth for purposes of jurisdiction, did not relieve the State of proving his age by means other than the stipulation when age was an element of the offense.
State v. Freeman, 124 Wn. App. 413, 101 P.3d 878. Order requiring defendant to submit a DNA sample, pursuant to his conviction of attempted felony harassment, was reversed because the statute listed harassment as a qualifying crime, but not attempted harassment.
State v. Ward, 125 Wn. App. 243, 104 P.3d 670. Assault conviction reversed and case remanded for retrial where trial counsel was ineffective in failing to request an instruction on the lesser-included offense of unlawful display of a weapon.
State v. Pete, 152 Wn.2d 546, 98 P.3d 803. Where documents not admitted into evidence were permitted in the jury room, a new trial should have been granted in a robbery case because the evidence was not exculpatory, and it clearly undermined the theory of the defense.
State v. Rankin, 151 Wn.2d 689, 92 P.3d 202. Freedom from disturbance in “private affairs” afforded to passengers by article I, section 7 of the Washington Constitution prohibited officer from requesting identification from passenger for investigative purposes unless there was an independent reason that justified request.
State v. Justesen, 121 Wn. App. 83, 86 P.3d 1259. Mother’s conviction for custodial interference was improper, where the trial court allowed the jury to consider the polygraph evidence in deciding whether it was reasonable for her to maintain a belief that the father from whom she claimed to be protecting the child was a molester.
State v. Stanley, 120 Wn. App. 312, 85 P.3d 395. Court reversed defendant’s conviction and remanded for a new trial because trial court’s failure to reinstruct reconstituted jury that it must disregard previous deliberations and begin deliberations anew was manifest constitutional error.
State v. Kilburn, 151 Wn.2d 36, 84 P.3d 1215. Judgment and sentence reversed where evidence was insufficient to support felony harassment conviction.
State v. Nicholson, 119 Wn. App. 855, 84 P.3d 877. Assault conviction reversed where trial court erred in permitting State to argue that fear and apprehension element was met if victim’s mother, rather than victim, was placed in fear and apprehension.
State v. Redmond, 150 Wn.2d 489, 78 P.3d 1001. Where jury may have speculated as to whether defendant could have retreated from the fight with the victim, the trial court committed reversible error in refusing to give a “no duty to retreat” instruction where the defendant argued he acted in self defense.
State v. Garza, 150 Wn.2d 360, 77 P.3d 347. The trial judge abused his discretion when he initially found defendant’s absence voluntary, where the decision to proceed after only five minutes was manifestly unreasonable; trial court did not sufficiently inquire into reasons for the absence.
State v. J.P., 149 Wn.2d 444, 69 P.3d 318. Restitution order reversed because restitution statute applied to felonies but defendant committed only a misdemeanor.
State v. Harrison, 148 Wn.2d 550, 61 P.3d 1104. Trial court erred in denying defendant a de novo sentencing hearing under collateral estoppel and “law of the case” doctrine, as neither doctrine applied, where State breached plea agreement and defendant requested remedy of specific performance.
State v. Brown, 147 Wn.2d 330, 58 P.3d 889. Convictions reversed where jury instructions misstated the law of accomplice liability and error was not harmless.
State v. Brooks, 113 Wn. App. 397, 53 P.3d 1048. Defendant’s second burglary conviction reversed where the State proved only one entry into the apartment in question.
State v. Greathouse, 113 Wn. App. 889, 56 P.3d 569. Appellant’s convictions for trafficking in stolen property were reversed because the relevant statute had expired.
State v. Murphy, 119 Wn. App. 805, 81 P.3d 122. The trial court erred in denying defendant the opportunity to withdraw his plea. The plea was based on misinformation; and the State did not provide compelling reasons not to allow the remedy by defendant.
State v. Vermillion, 112 Wn. App. 844, 51 P.3d 188. Trial court erred in denying defendant’s requests to represent himself on the untenable ground that he lacked the necessary skill and judgment to secure himself a fair trial; defendant’s request was timely, unequivocal, knowing, and intelligent.
In re Personal Restraint of Mines, 146 Wn.2d 279, 45 P.3d 535. Personal restraint petitioner was not required to show that he was prejudiced by procedural violation of not recording parole revocation hearing in order to obtain new hearing, where he otherwise met requirements of rules of appellate procedure.
State v. Gonzales, 111 Wn. App. 276, 45 P.3d 205. Defendant’s conviction for first degree assault was reversed, where a biased juror was seated; juror admitted a bias in favor of police witnesses and indicated the bias would likely affect her deliberations.
State v. Byrd, 110 Wn. App. 259, 39 P.3d 1010. Passengers have standing to challenge constitutionality of traffic stop, because they are seized along with the driver. Stopping the vehicle solely to verify the validity of a trip permit, and for no other reason, is constitutionally impermissible. Evidence obtained during search pursuant to invalid stop should have been suppressed. Conviction reversed.
State v. Santacruz-Hernandez, 109 Wn. App. 328, 40 P.3d 672. Conviction was reversed when the trial court failed to grant a short continuance to allow defense counsel to adequately address the potential conflict of interest with prosecution informant.
State v. Silva, 108 Wn. App. 536, 31 P.3d 729. Because defendant was not advised of the maximum penalty for the crimes with which he was charged, he did not validly waive assistance of counsel and his conviction was reversed.
State v. O’Cain, 108 Wn. App. 542, 31 P.3d 733. Conviction was vacated because a hunch that a narcotics transaction had taken place did not establish a reasonable, articulable suspicion, and the police stolen vehicle dispatch failed to establish a sufficient factual foundation for the stop.
State v. Brooks, 107 Wn. App. 925, 29 P.3d 45. Sentence reversed where trial court miscalculated standard range.
State v. Ancira, 107 Wn. App. 650, 27 P.3d 1246. Order prohibiting contact between defendant and his minor children was stricken because it violated his fundamental right to parent.
State v. Argueta, 107 Wn. App. 532, 27 P.3d 242. Conviction for attempting to elude a police vehicle reversed because the officer’s vehicle did not bear an official police insignia.
State v. Williams, 144 Wn.2d 197, 26 P.3d 890. Statute prohibiting any act intended to harm another person’s mental health did not define the offense in a way a reasonable person would know what conduct was prohibited, and was therefore unconstitutionally vague and overbroad.
State v. Damon, 144 Wn.2d 686, 25 P.3d 418. The improper use of the restraint chair violated petitioner’s right to have the jury presume he was innocent. The error was not harmless because petitioner proved that the restraints influenced the jury’s verdict.
State v. Wicker, 105 Wn. App. 428, 20 P.3d 1007. Judgment against juvenile reversed because trial counsel’s failure to timely file a motion for revision constituted ineffective assistance of counsel.
State v. Pogue, 104 Wn. App. 981, 17 P.3d 1272. Appellant’s unwitting possession of cocaine defense did not justify admission of evidence of prior possession, where the only relevance was to show that it was more likely that appellant had knowingly possessed the cocaine.
State v. Anderson, 141 Wn.2d 357, 5 P.3d 1247. Defendant’s conviction for second degree unlawful possession of a firearm was reversed; the State was required to prove “knowing possession” as an element of the crime.
State v. Turner, 102 Wn. App. 202, 6 P.3d 1226. Multiple convictions for first degree theft violated double jeopardy and could not stand.
State v. Robinson, 138 Wn.2d 753, 982 P.2d 590. Petitioner provided substantial factual evidence to support his claim that his trial counsel actually prevented him from testifying, entitling him on remand to an evidentiary hearing to address issue of waiver.
State v. K.E., 97 Wn. App. 273, 982 P.2d 1212. The appellate court affirmed the juvenile court’s imposition of a downward exceptional disposition in the case of respondent juvenile offender who pleaded guilty to possession of a incendiary device.
State v. Jackson, 137 Wn.2d 712, 976 P.2d 1229. Defendants could not be criminally liable as accomplices for failing to come to the aid of their child, and the trial court’s erroneous accomplice liability instruction was not harmless.
State v. Woolfolk, 95 Wn. App. 541, 977 P.2d 1. Where evidence supported an inference that defendant did not know about gun, the trial court erred by precluding defendant from arguing that lack of knowledge was relevant to the charge of being armed with a deadly weapon.
State v. Y.I., 94 Wn. App. 919, 973 P.2d 503. The juvenile court lacked jurisdiction to enforce unpaid victim penalty assessments when the community supervision period, which included financial obligations, had expired long before the enforcement petitions were filed.
State v. Ford, 137 Wn.2d 472, 973 P.2d 452. Holding that the State had the burden of proving that the prior out-of-state convictions were comparable to felony offenses in this state, that the issue of the sufficiency of the State’s proof could be raised for the first time on appeal, and that the State’s proof was insufficient, the court reverses the sentence and remands the case for a rehearing on the sentence and for resentencing.
State v. Rulan C., 97 Wn. App. 884, 970 P.2d 821. Conviction reversed where drugs found in juvenile’s shoe during warrantless strip search, which was unreasonable and not authorized by Washington strip search statute, should have been suppressed; none of the exceptions to the warrant requirement applied.
State v. Almanza-Guzman, 94 Wn. App. 563, 972 P.2d 468. Investigative stop by border patrol agents based on fact that defendant’s primary language was Spanish and he carried a weapon into a gun show was not justified; defendant’s conviction for possession of a firearm without an alien firearm license was reversed.
State v. Thompson, 93 Wn. App. 364, 967 P.2d 1282. Where defendant was indigent and his appeal was one that was allowed as a matter of right, appellate court reversed trial court’s order denying him his right to counsel at public expense.
State v. Kinchen, 92 Wn. App. 442, 963 P.2d 928. Evidence that a defendant had installed locks throughout his apartment, thus restricting his sons’ ability to leave, was insufficient to convict him of unlawful imprisonment where the sons had access to some exits as well as a telephone. Conviction reversed because it was not clear that jury convicted defendant based on alternative means supported by substantial evidence.
Department of Soc. & Health Servs. v. Bissett (In re H.W.), 92 Wn. App. 420, 961 P.2d 963. The trial court erred by terminating the parental rights of a developmentally disabled mother. The agency had not shown by clear, cogent, and convincing evidence that it offered all reasonably available services capable of correcting deficiencies.
State v. Smith, 134 Wn.2d 849, 953 P.2d 810. Defendant was permitted to withdraw his guilty plea where his defense counsel had expressed a mistaken belief that defendant could have appealed a suppression ruling after he entered the guilty plea.
State v. S.E., 90 Wn. App. 886, 954 P.2d 1338. Because the back patio where a minor was found intoxicated was not considered a public place, his conviction for minor in possession of liquor was reversed.
State v. Stockton, 91 Wn. App. 35, 955 P.2d 805. Conviction for unlawful possession of a firearm was improper, as the trial court erred in admitting evidence regarding defendant’s prior drug use where defendant did not open door to that evidence and only issue was defendant’s necessity defense.
State v. Flores-Serpas, 89 Wn. App. 521, 949 P.2d 843. The running of defendant’s community placement time was not tolled while defendant was absent because of deportation. Thus, for sentencing purposes, the community placement time had expired when defendant committed the crime at issue.
State v. Dyson, 90 Wn. App. 433, 952 P.2d 1097 (1997). Where defendant alleged that the victim was injured as a result of defendant’s passive resistance to the victim’s assault, the trial court erred in refusing to give a jury instruction on self-defense.
State v. Way, 88 Wn. App. 830, 946 P.2d 1209 (1997). Defendant’s exceptional sentence for first degree murder was reversed and remanded, as the resulting shock and psychological trauma to onlookers did not sufficiently distinguish the crime to support the imposition of an exceptional sentence.
State v. Wooten, 87 Wn. App. 821, 945 P.2d 1144 (1997). Defendant who asserted self-defense to charges of murder should have been granted her requested “no duty to retreat” jury instruction, and failure to do so by the trial court constituted reversible error.
State v. Mulligan, 87 Wn. App. 261, 941 P.2d 694 (1997). The exceptional sentence imposed upon a defendant convicted of first-degree murder was remanded for resentencing after the appellate court concluded that the trial court utilized an improper aggravating factor.
State v. Fields, 87 Wn. App. 57, 940 P.2d 665 (1997). Conviction for second-degree murder was reversed where trial court’s jury instruction on self-defense allowed the erroneous interpretation that a finding of actual imminent danger was necessary for a valid self-defense claim.
State v. Taylor, 86 Wn. App. 442, 936 P.2d 1218 (1997). Defendant was improperly ordered to make restitution of welfare benefits after he was convicted of second-degree theft because the restitution order exceeded the amount for which defendant was convicted of stealing.
State v. Crediford, Wn.2d 747, 927 P.2d 1129 (1996). A section of a Washington statute that required a defendant to disprove a necessary element of the offense violated the Due Process Clause of the United States Constitution.
State v. Harris, 130 Wn.2d 35, 921 P.2d 1052 (1996). When multiple charges stemmed from the same criminal conduct or criminal episode, the State was required to prosecute all related charges against a juvenile defendant within the speedy trial time limits.
State v. Molina, 83 Wn. App. 144, 920 P.2d 1228 (1996). Convictions on two counts of robbery violated double jeopardy prohibitions where defendant removed money from cash register only once but happened to do so in presence of two store employees.
State v. Williams, 81 Wn. App. 738, 916 P.2d 445 (1996). In a felony murder trial, a trial court committed reversible error when it failed to instruct a jury that defendants had no duty to retreat, as the jury could have concluded that defendants’ failure to retreat constituted an excessive use of force.
State v. Alcantara, 79 Wn. App. 362, 901 P.2d 1087 (1995). The lower court improperly denied defendant’s suppression motion where defendant had shown that the warrantless search of his person was not viable as a Terry-type search for weapons.