[The] [Each] defendant has entered a plea of not guilty. That plea puts in issue every element of [the] [each] crime charged. The [State] [City] [County] is the plaintiff and has the burden of proving each element of [the] [each] crime beyond a reasonable doubt. The defendant has no burden of proving that a reasonable Read More…
Category: Uncategorized
Can’t Vacate and Seal Juvenile Adjudication For Rape 2 State v N.E.M #86464-5-1 Dives 1 Unpublished
29 years ago (1996), N.E.M was convicted as a juvenile for Assault in the Third Degree, Kidnapping in the Second Degree and Rape in the Second Degree (Rape 2). In 2023, N.E.M. was released from his obligation to register as a kidnapping offender. In 2024, N.E.M. moved to vacate and seal his convictions. However, the Read More…
Hall – Haught v State (Superior Court Published #102405-3) Tech Report Writer Must Be Available or Constitutional Confrontation Violation
Although not a child sexual assault case, Hall-Haught is important since its’ holding will apply to DNA testing, which is sometimes present in child molest cases. In a very serious vehicular assault case, the trial court held it was not a violation of the U.S. Sixth Amendment or Wash. Const. Art. I, § 22 for Read More…