Our office was relieved to hear that last week, the Washington State Attorney General’s Office decided to press charges against the three Tacoma Police Officers involved in the death of Manny Ellis. The brutal killing of Manny Ellis took an innocent and gentle soul away from his two young daughters, and has left our community […]
Category: criminal defense
State v Blake and the Aftermath of Decriminalizing Possession of Controlled Substances
In February of this year, the Washington Supreme Court ruled that the state’s simple drug possession law was unconstitutional because it didn’t require prosecutors to prove someone knowingly had drugs. State v. Blake __Wn.2d ___ (No. 96873-0) (Feb. 25, 2021) Justice Sheryl Gordon McCloud wrote, “the possession statute at issue here does far more than […]
WA Criminal Statute Deemed Unconstitutional!
Today, the Washington Supreme Court held that Washington’s strict liability drug possession statute is unconstitutional. Finding that the statute criminalizes innocent and passive possession – even by a defendant who does not know that drugs lay hidden in something they possess – Washington’s Supreme Court held that the statute goes beyond the legislature’s police power […]
Think the Police Don’t Lie, Think Again
The investigation of the Pierce County Sheriff’s Department continues to unfold. Over the summer, the News Tribune reported that the Pierce County Prosecutor was refusing to work with accused Pierce County Sheriff’s drug unit members who were recently placed on a “potential impeachment” list. Several members of the unit are being investigated for possibly violating […]
Sheriff’s Department Investigated for False Reports
In May, we shared a blog post about police bias and dishonesty. At the time, the Pierce County Sheriff’s Department Drug Unit was under investigation. As reported by the Tacoma News Tribune, the majority of officers assigned to the Drug Unit of the Pierce County Sheriff’s Department had recently been reassigned so that an outside […]
Breaking News: Tacoma Police Restraint of Manuel Ellis Caused His Death
On March 3, 2020, Manuel Ellis was contacted by Tacoma police after being observed attempting to open doors of occupied vehicles. According to reports, there was a struggle between Mr. Ellis and officers. Mr. Ellis was placed into handcuffs and detained. In a police radio recording of the incident, Mr. Ellis can be heard yelling, […]
Law Enforcement Dishonesty, Bias and Discipline
In all criminal cases, prosecutors are required to turn over any evidence that might help exonerate a defendant. This requirement exists because of a U.S. Supreme Court decision known as Brady v. Maryland. Exculpatory evidence that falls under this category is referred to as “Brady” material. An example of this type of evidence would be […]
Is the Breath Test Machine used to Prosecute DUIs Fatally Flawed?
[column width=”1/1″ last=”true” title=”” title_type=”single” animation=”none” implicit=”true”] If you’ve ever been arrested for DUI, you might be familiar with the machine that awaits you back at the police station. This machine measures the blood alcohol concentration in a person’s breath when they blow into the machine. These devices play a huge role in prosecutors’ cases […]
WA Supreme Court Made a Major Change to DUI Arrest Process
[column width=”1/1″ last=”true” title=”” title_type=”single” animation=”none” implicit=”true”] The Clashing of Hailey’s Law and the WA State Constitution In a recent unanimous decision from the Washington Supreme Court, Hailey’s law was ruled unconstitutional. Hailey’s Law required the mandatory impoundment of a car driven by someone arrested for DUI. Passed by the state legislature in 2011, Hailey’s […]
Your Guide to Self-Defense
[column width=”1/1″ last=”true” title=”” title_type=”single” animation=”none” implicit=”true”] “Self-defense is Nature’s eldest law.” – John Dryden. Self-defense is a term that most people know, even those people who are not in the legal field. If someone hits you, you are justified to hit them back. What does self-defense means in terms of criminal law though? Self […]