Cases of Note

  • Marriage of Chandola, 180 Wn.2d 632, 327 P.3d 644 (2014): Overturning restriction on father to allow inclusion of his parents in residential time with daughter.
  • Personal Restraint of Whitaker, No. 61980-2-I (June 17, 2013): Aggravated murder conviction overturned due to improper closure of courtroom.
  • Personal Restraint of Morris, 176 Wn.2d 157, 288 P.3d 1140 (2012): Felony convictions overturned due to improper closure of jury selection. See David argue before the Washington Supreme Court here.
  • In the Matter of the Parenting and Support of J.A.M., No. 68053-6-I (Nov. 13, 2012): Mother was not “voluntarily underemployed” for the purposes of child support although she earned significantly more money in the previous year.
  • State v. Santiago, No. 66443-3-I (March 26, 2012): CPS investigation did not justify search of home without a warrant; drug conviction overturned.
  • Marriage of Koneru & Yalamanchili, No. 65663-5-I (Jan 24, 2011): Parenting plan reversed due to lack of jurisdiction.
  • Personal Restraint of Wiatt, No. 35690-2-II (Wash. Ct. App. Aug 13, 2010): Eighteen criminal convictions reversed because defendant was excluded from a court hearing.
  • State v. Sayers, K.C. Sup. Ct. No. 10-1-01206-7 SEA (Aug. 5, 2010): Hit and run conviction reversed due to improper courtroom closure.
  • State v. Grande, 164 Wn.2d 135, 187 P.3d 248 (2008): Smell of marijuana in a car does not justify arrest of all occupants.

  • State v. Wege, No. 38797-2-II, 2009 WL 1765852 (Wash. Ct. App. June 23, 2009): Conviction for growing marijuana reversed due to illegal search.
  • Harris v. Carter, 515 F.3d 1051 (9th Cir. 2008): Prisoner’s untimely habeas petition would be accepted because courts misled him about the deadline.
  • Sarausad v. Porter, 479 F.3d 671 (9th Cir. 2007): Murder conviction overturned through writ of habeas corpus because of confusing jury instructions. Reversed by Waddington v. Sarausad, 129 S.Ct. 823 (U.S. Supreme Court, 2009).
  • State v. Gregory, 158 Wn.2d 759, 147 P.3d 1201 (2006): Death sentence reversed due to prosecutorial misconduct. Conviction in related rape case reversed due to restrictions on discovery.
  • Marriage of Goldberg and Willey, No. 35231-1-II (Wash.Ct. App., Nov. 16, 2006): Upholding sanctions against opposing party for hiding assets during family law proceedings.
  • Marriage of McLoughlin and Buell, 2006 WL 2112535 (July 31, 2006): Represented mother in appeal regarding child support. Favorable result for client on most issues.
  • Personal Restraint of Murillo, 134 Wn. App. 521, 142 P.3d 615 (2006): Defendant entitled to withdraw guilty plea because he did not understand sentencing consequences.
  • State v. Zeller, Court of Appeals No. 56655-5-I: Prosecutor concedes error after opening brief filed. Conviction and 115-year sentence vacated because trial court failed to hold hearing regarding defendant’s competence.
  • State v. Hauptli, No. 31656-1-II (Wash. Ct. App., Aug. 15, 2006): Manslaughter 1 conviction reversed because jury should have considered lesser charge of manslaughter 2.
  • Personal Restraint of Dyer, 157 Wn.2d 358, 139 P.3d 320 (2006): Parole board abused discretion in denying parole.
  • State v. Benn, 130 Wn. App. 308, 123 P.3d 484 (2005): Aggravated murder conviction reversed due to double jeopardy violation. Reversed by 161 Wn.2d 256, 165 P.3d 1232 (2007).
  • Bailey v. Stout, 134 Fed.Appx. 212, 2005 WL 1414455 (9th Cir. 2005): Double murder conviction reversed through writ of habeas corpus because codefendant’s statement was used against defendant.
  • Personal Restraint of Swenson, 154 Wn.2d 438, 114 P.3d 627 (2005): Murder conviction reversed because of erroneous accomplice liability instruction.
  • Personal Restraint of Hinton, et al., 152 Wn.2d 853, 100 P.3d 801 (2004): 13 murder convictions reversed because felony murder cannot be based on assault.
  • Personal Restraint of Dalluge, 152 Wn.2d 772, 100 P.3d 279 (2004): Juvenile who was originally charged with an offense that could be tried only in adult court should have been returned to juvenile court when prosecutor amended the charge.
  • State v. MacDonald, 122 Wn. App. 804, 95 P.3d 1248 (2004): Conviction reversed because State failed to disclose material impeachment evidence.
  • Personal Restraint of Stephen Lord, 152 Wn.2d 182, 94 P.3d. 952 (2004): Petition granted because prosecutor breached plea agreement.
  • Riley v. Payne, 352 F.3d 1313 (9th Cir. 2003): Assault conviction reversed through writ of habeas corpus because of ineffective assistance of counsel.
  • State v. Turley, 149 Wn.2d 395, 69 P.3d 338 (2003): Defendant who was misinformed about penalties on one charge was entitled to withdraw plea on all charges.
  • Benn v. Lambert, 283 F.3d 1040 (9th Cir. 2002): Conviction and death sentence reversed through writ of habeas corpus because prosecutor withheld evidence about jailhouse informant.
  • State v. Kwan Fai Mak, King County No. 83-1-00504-0 SEA: Capital re-sentencing hearing dismissed in 2002 because of faulty jury instructions at 1983 trial.
  • Personal Restraint of Goodwin, 146 Wn.2d 861, 50 P.3d 618 (2002): Sentence vacated because trial court improperly counted juvenile conviction.
  • State v. Colquitt, 2001 Wn. App. LEXIS 1287 (2001): Conviction for possession of cocaine with intent to deliver reversed due to insufficient evidence.
  • Jones v. Wood, 207 F.3d 557 (9th Cir. 2000) and 114 F.3d 1002 (9th Cir. 1997): Murder conviction reversed through writ of habeas corpus because of ineffective assistance of counsel.
  • Personal Restraint of Bailey, 141 Wn.2d 20, 1 P.3d 1120 (2000): Personal restraint petition in first-degree murder case not barred by prior motion to vacate judgment.
  • Seattle v. McCoy, 101 Wn. App. 815, 4 P.3d 159 (2000): Filed amicus brief on behalf of ACLU in successful challenge to Seattle’s drug abatement statute.
  • Personal Restraint of Fulleton, No. 24734-8-II (Feb. 21, 2000): Parole board’s decision denying parole reversed.
  • Personal Restraint of McClain, Court of Appeals No. 45370-0-I: Prosecutor agrees to vacate third-strike conviction after petition filed. Client received ineffective assistance at trial.
  • Personal Restraint of St. Pierre, 1999 Wn. App. LEXIS 741 (1999): Exceptional sentence set by parole board reversed.
  • U.S. v. Colquitt, 125 F.3d 1263 (9th Cir. 1997): 30-year federal drug sentence reversed because of speedy trial violation.
  • T.B. v. Fairfax Hospital: 129 Wn.2d 439 (1996). Filed amicus brief on behalf of ACLU in successful challenge to mental hospital commitment portion of “Becca Bill.”