State v. Wisdom, 187 Wash.App. 652 (Division 3) w/ Comments

In 2015, the Washington State Court of Appeals Division 3 decided State v. Wisdom, 187 Wash.App. 652.

The defendant in the case was arrested because the truck he was driving in was stolen.  Subsequent to his arrest, a toiletry bag on a seat in the truck was searched by law enforcement.  The search led to the recovery of illegal drugs. Wisdom told the officer there was methamphetamine on the seat of the truck.  But never consented to the police officer’s search of the toiletry bag.   [Read more…]

Pot Shop Sting Op

Yesterday, it was reported in The Columbia via the Associated Press a sting operation focusing on pot shop sales of marijuana to minors allegedly resulted in 4 of 22 pot shops being non-compliant.  The brief article mentioned 10-day suspensions or fines up to $2,500.00 could occur.  Apparently, notice was given on May 12, 2015 by the liquor board to the various shops regarding the crackdown.  Additionally, the store employees accused of the sales are having their cases referred to the prosecutors office for potential criminal prosecution. [Read more…]

“Faces of Meth” a Decade Old

Oregonian writer Kasia Hall recently wrote an article on the 10 year Anniversary of “Faces of Meth” launched in 2004.  Anyone doing criminal defense work like me should read this article.  Please find below a link to Hall’s article in its entirety. [Read more…]

Passage of New Law in 2012 May Help Expedite Evaluation of Mentally Ill Criminal Defendants in Clark County

News was reported in The Columbian on October 29, 2014 by Journalist Paris Achen, “Clark County may become the second county in the state to use a panel of local experts to evaluate mentally ill defendants, rather than ask the state hospital to perform competency evaluations, local officials said.” [Read more…]

Economists to Discuss Legalized Weed at Econ Forum

As we inch closer to November 2014 elections and ballot measures in Oregon; specifically, Measure 91, the potential for legalized marijuana continues to draw interest not only from criminal defense attorneys, prosecutors, cannabis lawyers, law enforcement, and dispensaries, processors and growers — but economists, as well. [Read more…]

Defendant Once Accused of Controlled Substance Homicide Pleads Guilty to Lesser Charges in Clark County Superior Court

Yesterday, it was reported in The Columbian by Paris Achen that a Vancouver woman once accused of homicide by delivery pleaded guilty to lesser charges including attempted delivery of a controlled substance and tampering with physical evidence.

According to the article, the State encountered defects in the case with a witness who allegedly saw the defendant, Thomas, deliver the methamphetamine to John Cantwell, the decedent. Apparently, her credibility and possible mental health issues factored into the State’s decision to resolve the case pre-trial. [Read more…]

Child Abuse? Or Child Discipline? The case of Adrian Peterson Revitalized the Debate. But what is the law in Washington State?

Last week NFL football player, Adrian Peterson was indicted by a grand jury in Texas on charges of reckless or negligent injury to a child from an alleged incident occurring in June 2013.

Since the story broke, there has been a great deal of debate in the news regarding child abuse and/or child discipline with opinions running the full gamut  between support and condemnation. [Read more…]

Now Decriminalized in Washington State, Recreational Weed Infrastructure Ain’t Kush

In November, Oregon voters will decide whether Measure 91 (recreational weed) gets passed.  Measure 91 is akin to Washington State’s I-502.  However, despite their prospective kinship there seems to be a slew of reading material lately suggesting how Oregon should avoid and / or learn from the mistakes that have hampered legalized weed in Washington State since the voters passed I-502. [Read more…]

Op Piece on Criminal Justice Act of 1964 by George Will in the Washington Post

Interesting opinion piece on the Criminal Justice Act of 1964 by George Will in the Washington Post. Must read for criminal defense attorneys in the public sector and private sectors.  The opinion article asks who is better off the pre or post act defendant?  One response might surprise some. [Read more…]

In Contrast to Colorado’s Recreational Weed Laws is Washington a Prospective Case Study for Oregon

Interesting article by Noelle Crombie in today’s The Oregonian.  Article addresses a Vancouver Pot Store’s struggle to stay open despite the demand and the legalized recreational use of marijuana in Washington State.  According to the article, among the culprits for slow business: pot shortages, high prices and (perhaps most importantly, in my humble opinion) “the backlog of growers, processors and retailers awaiting state licensing”.  Mj-infused edibles and concentrates are also scarce according to the article. [Read more…]