Tales From the Trenches An Order That’s “Not Authoritative” Judge George Fearing Letter

Washington Appellate Judge George Fearing served more than twelve years on the Division III Court of Appeals panel. On May 11, 2023 Judge Fearing wrote a concurring/dissenting opinion in State v Vaile, 26 Wn. App. 2d 1040 (2023), which was an unpublished opinion. Mr. Vaile was charged with two counts of Assault in the Third Read More…

TALES FROM THE TRENCHES Juvenile Tried as Adult / Murder Conviction Overturned State v. Luna (Superior Court #103251-0)

An incredibly long decision by an unanimous Washington Supreme Court covers incredibly sad and dark facts about the circumstances surrounding two 16-year-old girls in a fight that got deadly. Lola Felipa Luna got into a knife fight with another 16-year-old girl (‘S.P.T.’) she had never met. They “knew” each other through social media. S.P.T. arrived Read More…

TALES FROM THE TRENCHES ER 413 Limiting Evidence of Immigration Status vs Right to Put On a Defense Rape of a Child Case State v. Marquez-Garduza (58988-5 Division II Unpublished)

The Defendant was convicted of 3 counts of Rape of a Child 1 and one count of Child Molestation 1. The victim was his step-niece. One year after the victim disclosed her abuse to a therapist – and a mandatory report provided to the police – her mother filed immigration paperwork seeking U.S. legal status, Read More…