Sheri’s Sidebar Edition #24   2-9-24

Pre:  Discussion of strategy of putting the client near the jury and in front of the witness box.

1. The limited circumstances you can get a deputy prosecutor disqualified as a material witness on a criminal case.

2. Police cannot use a warrant for particularized content to do a full cellbrite dump of your client’s phone. Authority.

3. Suicide attempts cannot be used to demonstrate consciousness of guilt at trial.

4. A DV advocate working for the prosecutor’s office is part of the investigation team and can be subpoenaed, unlike DV advocates working for other agencies who have confidential privilege. RCW 5.60.060.

5. Courts are required to consider alternatives to total confinement in felony sentences under 1 year. RCW 9.94A.680.