Publications

Andress Retroactive Application

As many of you recall, the Washington State Supreme Court, in In Re Andress, 147 Wn.2d 602, 56 P.3d 981 (2002), held that assault could not be a predicate felony for second de- gree felony murder.

By Brett Purtzer, January 2005

Are You Entitled to an Attorney?

Are you familiar with the Miranda rights provided to all citizens by the Constitution? It sets out some basic rights, in particular the rights to remain silent and the right to an attorney. The right to remain silent is somewhat self-explanatory. The right to...

October 2018

Attorney - Client Privilege vs. Ineffective Assistance of Counsel

Whenever a client loses in trial, and an appeal is filed, one of the issues frequently raised is ineffective assistance of counsel.

By Brett Purtzer, March 2004

Attorney Casey Arbenz Works to Improve Federal Sentencing Advocacy

Attorney Casey Arbenz is passionate about defending his clients and obtaining the best outcomes possible. Often times, this means dealing with Federal Sentencing Guidelines and knowing how to navigate them and advocate for a lower sentence.   While our first goal is to obtain a not...

March 2018

Attorney Lance Hester Advocates in his Personal Life Too

Hester Law Group attorney, Lance Hester, advocates daily for his clients and is as passionate in his free time advocating for a cause that he is passionate about helping those with Duchenne Muscular Dystrophy a genetic disorder characterized by progressive muscle degeneration and weakness.

March 2018

“Taylored” Testimony, Tailored Closing

A very recent case out of Division I holds that the following narrative during closing argument did not violate a defendant’s right to be present at trial: “(the defendant) had the opportunity to read this discovery for 18 months, that he had the op- portunity to hear what every witness said, and that he had the opportunity to tailor his story to fit the evidence after he heard it all.”

By Lance M. Hester, March 2002

Bad Prosecutor - Give it Up and Shut Up

In State v. McDonald, 29117-7-II (August 10, 2004) Division II of the Court of Appeals once again reversed a conviction because the state failed to provide to the defense discovery in its possession and made improper remarks during closing.

By Monte Hester, November 2004

Bail Able

Division III has recently held that courts ordering “cash only” bail violate CrR 3.2(a). See City of Yakima v. Mollett, No. 20548-7-III, Div. III (2003). For years attorneys and defen- dants have felt “cash only” bail is a violation of the court rule and the state constitution. Fi- nally, an attorney and defendant have been passionate enough about the cause that it has been brought before Division III.

By Lance M. Hester, April 2003

Bail in a Federal Case

Bernard Madoff’s alleged Ponzi scheme that’s accused of losing approximately fifty billion dollars of investor’s money gave rise to the federal government’s filing of a criminal complaint alleging securities fraud. After his arrest and initial bail hearing, Madoff was released on certain conditions.

By Brett Purtzer, January 2011

Bail/Bond in Washington: What You Should Know

When someone’s been arrested, the first pressing issue, for most people, is when can they be released? This question comes from the individual themselves as well as from their loved ones. There are 4 ways someone can be released pending their trial. But before...

December 2018

BIAS is Not Harmless

Who is telling the truth is a fact of consequence in any criminal case. I have experi- enced too often a judge sustaining a prosecutor’s objections to a question which is designed to demonstrate the bias of a witness for the state. The claim most often used as a basis for the objection is that the question deals with a matter that is collateral.

By Monte Hester, March 2004

Booker/Blakely Update

The U.S. Supreme Court recently issued its long-awaited opinion in United States v. Booker. In short, it holds as follows: The U.S. Sentencing Guidelines violate the Sixth Amendment to the extent that they allow judicial fact-finding rather than jury fact-finding for sentencing.

By Wayne Fricke, January 2005

Booker/Blakely Update

he U.S. Supreme Court recently issued its long-awaited opinion in United States v. Booker.

By Brett Purtzer, January 2005

Brady Lives

The Ninth Circuit, on July 9, 2007 decided the case of United States v. Jernigan, ___ F.3rd ___ (2007) which reaffirmed principles expressed in the United States Supreme Court case of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). This case involved a woman being convicted of a bank robbery. After being in prison for a couple of years, she learned that there was another woman with a similar appearance who had robbed several banks in the area at the time that the robbery for which she was convicted occurred. The government knew of this information but had inadvertently failed to turn it over to the defendant.

By Wayne Fricke, August 2007

Can Corporations Be Charged With Crimes?

Just like individuals, corporations can be charged with certain crimes. A lot of people think corporations can’t be charged with crimes because they wonder “how would you imprison an entire corporation?” After all, we think of being put in jail as one of the...

November 2018

Cat's Out of the Bag

Recently we have seen police practices that include an officer who has developed a suspi- cion of criminal activity engaging the suspect while in custody (not free to leave) in pre- Miranda questioning, including eliciting incriminating statements followed by searches which produced evidence. These pre-Miranda activities are followed by the giving of Miranda warn- ings and the request to search and informing the suspect of his right to stop the search unless a warrant is obtained.

By Monte Hester, June 2011

Child Abuse Defense

Child abuse cases involving serious injury or death are some of the most difficult criminal cases to defend.

By Brett Purtzer, January 2011

Civil Rights: Divested and Restored

The Ninth Circuit Court of Appeals has again put practitioners on notice to be careful in advising their clients if and when their gun rights have been restored under state statutes. In United States v. Brailey, No. 04-30083, May 19, 2005, the Ninth Circuit upheld the conviction for the unlawful possession of a firearm in violation of 18 U.S.C. § 922(g)(9).

By Wayne Fricke, July 2005

Claim Filing Amendment

As most of you know, before you file a lawsuit against a government entity, there is a claim filing prerequisite. The statutes for this are set forth at RCW 4.92.100, 4.92.110, 4.96.010 and 4.96.020.

By Brett Purtzer, May 2007

Claims Against Public Entities

In a case that should not go unnoticed by those who pursue civil cases against public entities, Division II of the Court of Appeals of the State of Washington, reversed the trial court and found that pursuant to RCW 4.92.100 the individual claimant, not the attorney, is required to sign a claim when pursuing a lawsuit against the State of Washington.

By Wayne Fricke, March 2002

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