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Cases

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. 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.

In re the Detention of Smith (June 12, 2008). Because 2005 amendments to SVP statute are not retroactive, petitioner must be granted an evidentiary hearing to determine his eligibility for release.

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 (2007). 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 (2007). 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 (2007). 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 (2007). 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 (2007). 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 (2007). 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.

State v. Parks, 136 Wn. App. 232, 148 P.3d 1098 (2006). 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.

Sieffert v. Dep't of Soc. & Health Servs. (In re G.A.R.), 137 Wn. App. 1, 150 P.3d 643 (2007). 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 (2006). 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 (2006). 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 (2006). 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 (2006). 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 (2006). 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 (2006). Conviction for possession of drug paraphernalia reversed where conviction was based on statements protected by physician-patient privilege.

State v. Morse, 156 Wn.2d 1, 123 P.3d 832 (2005). 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 (2005). 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 (2005). 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 (2005). 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 (2005). 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 (2005). 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 (2005). 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 (2005). 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 (2005). 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 (2005). 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 (2005). 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 (2005). 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 (2005). 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 (2005). 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 (2004). 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 (2004). 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 (2004). 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 (2004). 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 (2004). 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 (2004). 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 (2004). 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 (2004). Judgment and sentence reversed where evidence was insufficient to support felony harassment conviction.

State v. Nicholson, 119 Wn. App. 855, 84 P.3d 877 (2003). 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 (2003). 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 (2003). 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 (2003). 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 (2003). 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 (2002). 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 (2002). 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 (2002). 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 (2002) 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 (2002). 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 (2002). 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 (2002). 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 (2002). 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 (2001) 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 (2001). 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 (2001). 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 (2001). Sentence reversed where trial court miscalculated standard range.

State v. Argueta, 107 Wn. App. 532, 27 P.3d 242 (2001). 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 (2001). 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 (2001). 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 (2001). 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 (2001). 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 (2000). 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 (2000). Multiple convictions for first degree theft violated double jeopardy and could not stand.

State v. Robinson, 138 Wn.2d 753, 982 P.2d 590 (1999). 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 (1999). 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 (1999). 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 (1999). 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 (1999). 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 (1999). 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 (1999). 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 (1999). 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 (1998). 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 (1998). 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 (1998). 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 (1998). 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 (1998). 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 (1998). 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 (1998). 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.

State v. Barker, 75 Wn. App. 236, 881 P.2d 1051 (1994). Conviction reversed because defendant was denied his constitutional right to represent himself at trial.