LexisNexis Practice Guide: Washington Criminal Law
This new single volume title is a comprehensive Washington criminal law book, covering both felony and misdemeanor state practice.
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LexisNexis Practice Guide: Washington Criminal Law takes the place of the retired Washington Criminal Practice in Courts of Limited Jurisdiction. Author Linda Portnoy partnered with attorney and Judge Lisa Leone to write the book. In addition to receiving feedback from reviewers from county prosecutor offices and private defense attorneys, we were fortunate to have the benefit of Judge Ronald Kessler, a retired King County Superior Court judge and author of the Criminal Caselaw Notebook, as our publication’s reviewing editor and legal consultant.
The new title is a comprehensive criminal law book, covering both felony and misdemeanor state practice. This single volume book contains many additional subjects important to the practice of criminal. Each of the 25 chapters is carefully crafted to contain the essentials for trial practice with a focus on the most authoritative and current state and federal caselaw, rules and statutes; it is written with defense, prosecution and judges in mind. The book is also practice oriented, with many forms and checklists.
The 2018 edition includes updates to caselaw, statutes and court rules. Additional material includes:
Chapter 3: Jurisdiction and Venue
• State v. Zack, 2 Wn. App. 2d 667 (2018) discussing tribal jurisdiction. See § 3.05
• Additional cases upholding continued validity of the “law of the case” doctrine, See § 3.11. including:
• State v. John Henry Johnson, 188 Wn.2d 72(2017) discussing continued application of the “law of the case” doctrine in Washington where State must prove otherwise unnecessary elements included (without State objection) in the “to-convict” instruction.
• State v. Dreewes, 2 Wn. App. 2d 297 (2018) holding defendant may assign error to an element added to instruction under law of the case doctrine, including challenging the sufficiency of the evidence of the added element.
Chapter 4: Criminal Liability: Complicity, Attempt, Conspiracy and Solicitation
• State v. Buttolph, 199 Wn. App. 813, review denied, 189 Wn.2d 1027 (2017) discussing the mens rea definition of willfully. § 4.03
• State v. Drewees, 2 Wn. App. 2d 297 (2018) discussing burden of proof of accomplice liability. § 4.06
• State v. Wilson, 1 Wn. App. 2d 73 (2017) discussing jury instruction in criminal attempt case. § 4.10
• Matter of Sandoval, 189 Wn.2d 811 (2018) discussing elements of criminal conspiracy. § 4.12
Chapter 7: Bail and Pretrial Release
• Expanded discussion of unsecured bonds on pretrial release under CrR 3.2. § 7.04.
• Discussion of 2018 amendments to RCW 10.21 which governs a court’s discretion to impose conditions on pretrial release. Statute expressly applies to limited jurisdiction courts and new section added to allow imposition of abstinence and monitoring. § 7.08
• Blomstrom v. Tripp, 189 Wn. 2d 379 (2017). Case holds persons on pretrial release do not have a reduced expectation of privacy under State Constitution. Case considers district court’s imposition of pretrial random urinalysis in consolidated DUI cases. § 7.12
Chapter 8: Right to Counsel and Expert Services
• State v. Lopez, 190 Wn.2d 104(2018) ; In re Lui, 188 Wn.2d 525 (2017). Cases discuss the standard applied on review to an allegation of deficient performance. § 8.18
• Lee v. United States, 137 S. Ct. 1958 (2017) discussing the standard of review on claim of ineffective assistance of counsel in a plea bargain case. § 8.18
• State v. Howard, 1 Wn. App. 2d 405 (2017) discussing an invalid waiver of counsel in circumstances where trial court failed to inform defendant of the maximum penalty for the crime. § 8.23
• State v. Stutzke, 2 Wn. App. 2d 927 (2018) discussing implied waiver of counsel where defendant refuses to engage with counsel. Case sets out the warnings that must be provided by the judge prior to making a finding of an implied waiver of counsel. § 8.24
• McWilliams v. Dunn, 137 S. Ct. 1790 (2017) where an indigent defendant demonstrates his or her sanity at the time of offense is to be a significant fact at trial, the State must provide defendant with access to a mental health expert who is sufficiently available to the defense to conduct an appropriate examination and assist in preparation of the defense. § 8.36
• Matter of Dependency of J.E.D.A, Jr. 2 Wn. App. 2d 764 (2018). Discussing use of non-certified interpreters. § 8.39
Chapter 11: Pleas
• State v. Gleim, 200 Wn .App. 40 (2017), review denied, 189 Wn.2d 1032(2018). Prosecutor’s duty to abide by the terms of a plea agreement applies at sentencing as well as re-sentencing after a remand. §11.24
• Kernan v. Cuero, 138 S. Ct. 4 (2017). Contrary to Washington law, defendant does not have the right to specific performance as a remedy under the federal constitution on breach of plea agreement by the prosecutor. §11.24
• State v. Townsend, 2 Wn. App. 2d 434 (2018). Court discusses beach of plea agreement by defendant. §11.24
Chapter 20: Prosecutorial Misconduct
• Expanded discussion of prosecutorial misconduct during closing argument where a PowerPoint presentation is used in closing argument §20.10:
• State v. Rodriquez-Perez, 1 Wn. App. 2d 448(2017) court found no misconduct where the prosecutor’s Power Point included slide captions which were directly linked to the evidence and helpful to jurors.
• State v. Salas, 1 Wn. App. 2d 931 (2018) court held Power Point slides were improper because they were used to communicate to the jury a covert message that would be improper if spoken aloud.
Table of Contents
Chapter 1 THE ROLE AND AUTHORITY OF THE PROSECUTOR
Chapter 2 REPRESENTING THE ACCUSED
Chapter 3 JURISDICTION AND VENUE
Chapter 4 CRIMINAL LIABILITY: COMPLICITY, ATTEMPT, CONSPIRACY AND SOLICITATION
Chapter 5 CHARGING THE OFFENSE
Chapter 6 PRELIMINARY APPEARANCE, ARRAIGNMENT AND SPEEDY TRIAL
Chapter 7 BAIL AND PRETRIAL RELEASE
Chapter 8 RIGHT TO COUNSEL AND EXPERT SERVICES
Chapter 9 DISCOVERY
Chapter 10 PRETRIAL DISPOSITIONS
Chapter 11 PLEAS
Chapter 12 JOINDER AND SEVERANCE
Chapter 13 FUNDAMENTALS OF ASSERTING A DEFENSE AT TRIAL
Chapter 14 COMPETENCY, INSANITY AND DIMINISHED CAPACITY
Chapter 15 LAWFUL USE OF FORCE AND SELECTED DEFENSES
Chapter 16 PRETRIAL MOTIONS TO DISMISS
Chapter 17 PRETRIAL MOTIONS TO SUPPRESS STATEMENTS AND EVIDENCE UNDER CrR 3.5 AND CrR 3.6
Chapter 18 JUDICIAL DISQUALIFICATION
Chapter 19 RIGHT TO TRIAL BY JURY AND PUBLIC TRIAL RIGHTS
Chapter 20 PROSECUTORIAL MISCONDUCT
Chapter 21 SELECTED TRIAL AND POST-VERDICT MOTIONS
Chapter 22 JURY SELECTION AND INSTRUCTIONS
Chapter 23 FELONY SENTENCING
Chapter 24 SENTENCING AND PROBATION IN COURTS OF LIMITED JURISDICTION
Chapter 25 RIGHTS OF CRIME VICTIMS IN WASHINGTON