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Washington Supreme Court Remands for Resentencing Where State Failed to Prove Criminal History
Loaded on Feb. 19, 2020
by Douglas Ankney
published in Criminal Legal News
March, 2020, page 39
Location:
Washington.
by Douglas Ankney
In an enbanc decision, the Supreme Court of Washington reversed and remanded for resentencing where the State failed to prove a defendant’s criminal history beyond a reasonable doubt.
A jury convicted Brandon Cate of burglary, theft, and malicious mischief in Okanogan County Superior Court. Cate testified that ...
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More from this issue:
- News in Brief
- Federal Rules Limit Searches of Private DNA Databases, by Jayson Hawkins
- Unsurprisingly Lenient Sentence for Rapist Cop, by Anthony Accurso
- Kim Kardashian Keeps Going, Helps Release D.C. Prisoner, by Dale Chappell
- Court Rulings Condemning Cash Bail Systems Increasing, by Edward Lyon
- More Crooked Cops in New York City Make the Naughty List, by Douglas Ankney
- For the Mentally Ill, Calling 911 Could Prove Deadly, by Edward Lyon
- Alabama Sheriff Denied Immunity for False Charges Against Whistleblower, by Anthony Accurso
- Police Still Have Access to Records That Are Supposedly Sealed, Suit Alleges, by Bill Barton
- DNA Contamination Threatened Conviction of Innocent Man, by Kevin Bliss
- White Cop Gets 10 Years for Murder; Black Kid Gets 10 Days for Oversleeping, by Douglas Ankney
- DA’s Office Files Bar Complaint on Its Own Former Prosecutor, by Anthony Accurso
- Tenth Annual NRC Report Magnifies Limits of Forensic Evidence, by Bill Barton
- Critics Claim Thin Blue Line Protects Cops and Prosecutors in Orange County, California, by Bill Barton
- Study Confirms Immigrants Sentenced More Harshly in Non-Immigrant Areas, by Dale Chappell
- Prosecutors Transform Due Process into ‘Dues Processed’, by Douglas Ankney
- New Tennessee Legislation Will Destroy Hundreds, Probably Thousands, of Families, by Sandy Rozek
- Employers are Adjusting to Hiring Ex-Offenders, by Anthony Accurso
- Federal Prosecutor’s Office in Kansas Considers It Acceptable to Listen to Attorney-Client Conversations, by Kevin Bliss
- Sixth Circuit Vacates Sentence Because District Court Relied on Uncharged Shooting Allegation for Upward Departure from Sentencing Guidelines Range, by Douglas Ankney
- Washington Supreme Court Remands for Resentencing Where State Failed to Prove Criminal History, by Douglas Ankney
- Washington Supreme Court Affirms Reversals of Murder Convictions, Overrules Townsend, by Douglas Ankney
- Texas Court of Criminal Appeals Announces New Test in Comparing Out-of-State Priors for Sentence Enhancement for Repeat Sex Offenders, by Michael Berk
- Vermont Supreme Court Rejects ‘Blanket Rule’ Requiring Fingerprinting in Misdemeanor Cases, by Dale Chappell
- Mississippi Supreme Court Abolishes ‘Pre-Arming’ Jury Instruction, by Dale Chappell
- Second Circuit Holds Appointment of Counsel for Direct Appeal Not Subject to Frivolousness Rule, by Dale Chappell
- Lies by Former Houston Cop Facing Murder Charge Might Affect Over 14,000 Cases, by David M. Reutter
- The ‘First Step’ Has Been Taken — What’s Next?, by Dale Chappell
- Ninth Circuit Affirms Habeas Relief Where Counsel Failed to Present Mitigating Evidence at Penalty Phase, by Douglas Ankney
- Georgia Supreme Court Reverses Conviction for Failure to Give Accomplice-Corroboration Jury Instruction, by Douglas Ankney
- California Court of Appeal Invalidates Title 15 § 3490(a)(5) of the California Code of Regulations, by Douglas Ankney
- Nevada Supreme Court Announces Rule for When Hearing Required on Fair-Cross-Section of Community Violation Claim in Jury Selection, by Dale Chappell
- Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal, by Douglas Ankney
- Eleventh Circuit Holds Georgia’s Terroristic Threats Statute Not Violent Felony for ACCA, by Dale Chappell
- New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant, by Anthony Accurso
- Nation’s First-Ever Nonprofit Forensics Laboratory Coming to Utah, by Douglas Ankney
- Hawai’i Supreme Court: Time Spent in Arizona Prison Counts Toward Speedy Trial Rule in Hawai’i, by Anthony Accurso
- Eleventh Circuit: Selling Body Armor Doesn’t Satisfy Sentencing Guidelines’ Definition of ‘Use’, by Douglas Ankney
- Fourth Circuit: Magistrate’s Failure to Warn of ACCA Enhancement Was Plain Error, by Douglas Ankney
- Ninth Circuit Vacates Unconstitutionally Vague Supervised-Release Conditions, by David M. Reutter
- Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings, by Douglas Ankney
- Massachusetts Supreme Judicial Court: When Exit Order is Unlawful, Evidence Obtained from Subsequent Search Must be Suppressed, by Douglas Ankney
- First Step Act Earned-Time Credits are Coming ... Eventually and Only to Some Prisoners, by Dale Chappell
- Alaska Supreme Court: Forcing a Defendant to Testify Is Structural Error Requiring Automatic Reversal, by Douglas Ankney
- California Court of Appeal: Electronics Searching Condition Struck in Mandatory Supervision Case, by Anthony Accurso
- Nevada Supreme Court: Parole Board May Petition To Modify Life Sentence, by Anthony Accurso
- Colorado Supreme Court Clarifies and Modifies Analytical Framework for Proportionality Reviews, by Douglas Ankney
- Attacking the Guilty Plea: The ‘Voluntarily and Knowingly Made’ Standard, by Dale Chappell
- Hawai’i Supreme Court Announces Degree of ‘Restraint’ Necessary to Support Kidnapping Conviction, by Douglas Ankney
- Prosecutorial Misconduct: Justice Denied as the System Turns a Blind Eye, by Christopher Zoukis
More from Douglas Ankney:
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024
- California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, May 15, 2024
- Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, May 15, 2024
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, May 15, 2024
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, May 15, 2024
- New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, May 15, 2024
- Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, May 15, 2024
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024
