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Sheri’s Sidebar 12/1/2023 Edition # 20

Sheri’s Sidebar Edition #20 Dec. 1, 2023

  1. Do you remember the physical control ruling from 2021 where the Appellate Court stated the prosecutor’s argument that “the driver could return to the roadway and therefore was not safely off the roadway” was by definition true in almost every physical control case, and more importantly that argument went to the elements, not to the affirmative defense?
  2. Are you aware that under Washington’s Public Records Act, hidden metadata associated with an electronic document must be disclosed if specifically requested?
  3. Do you know the differences between normal/age appropriate sexual behaviors when reviewing a sex offense case with a minor alleged victim compared to the “heinous, pathological, behaviors which categorically demonstrate signs of abuse” as alleged by the State on every sex offense case probable cause statement?
  4. Are you aware whether an officer or agent of the state is added to the “Brady List” is at the sole discretion of the Elected Prosecutor of each jurisdiction?
  5. Are you aware that it is impermissible for the State to ask the jury consider whether law enforcement officers would risk their careers to commit perjury on a case?
  6. Did you know that on these Blake resentencing hearings, the State is improperly trying to add points for being on parole at the time of offenses from the early 1990s?
  7. Are you aware of this little nugget of nonsense that got snuck into the new NCO law? Thanks Stephen R. for catching this and bringing it to our attention.