Prosecutors Desk 8-28-11

Every week or two, the Washington State Prosecutor’s Association summarizes the cases that have been decided by the Appellate Courts which are of interest to prosecutors and others in the justice system.   Here is a sampling of the recent decisions which affect the work the prosecutors office does. These summaries are published on the WAPA website:

Street Name. The trial court struck a reasonable balance by requiring law enforcement witnesses and counsel to refer to the defendant as “Michael” or “Mr. Rodriguez,” while allowing law witnesses who knew the defendant as Little Evil to refer to him as “Little Evil”. State v. Rodriguez, COA No. 26283-9-III (Aug. 23, 2011).

Open Courts. The exclusion of one person is not a closure that violates the defendant’s public trial right but instead is an aspect of the court’s power to control the proceedings. The trial court judge did not abuse his discretion by removing the defendant’s four-year-old daughter from the courtroom because the daughter’s ventilator was distracting and noisy. State v. Lormor, No. 84319-8 (Jul. 21, 2011).

Jury Selection. Const. art. I, § 22 requires that a defendant who commits a crime in that portion of a city that lies within Snohomish County receive a jury that is selected solely from Snohomish County. City of Bothell v. Barnhart , No. 84907-2 (Jul. 28, 2011).

Domestic Violence. Evidence of the victim’s prior assaults on the victim were admissible as proof of motive, absence of mistake or accident, and to assist the jury in assessing the credibility of a witness who is the victim of domestic violence at the hands of the defendant. State v. Baker, COA No. 64511-1-I (Apr. 25, 2011, publication ordered Jul. 25, 2011).

Offender Score. Probation or supervision on an out-of-state criminal conviction does not count in a Washington offender score calculation. State v. King, COA No. 28905-2-III (Jun. 14, 2011).

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