Respondent's Brief - Washington State Courts

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Table of Contents A, ISSUES PERTAINING TO APPELLANT'S ASSIGNMENTS OF ERROR I ..... 1. Whether the trial court properly admitted the testimony of Cornelia Thomas where such testimony provided the necessary context that enabled the jury to assess the reasonableness of the victim's interview responses and did not constitute improper opinion testimony on the veracity of thevictim .................................................... ......................... I 2. Whether the trial court properly denied Defendant's motion to admit evidence of the victim's mother's drug and vocational history as not relevant, ........................................ I 3. Whether the defendant has failed to meet his burden of showing either prosecutorial misconduct or that the unchallenged argument at issue was flagrant and illintentioned. ............................. ....................................... 4. Whether the trial court properly granted the trial continuances where those continuances did not violate Defendant's rights to speedy trial as protected by the time for trial provisions of CrR 3.3 ................ 1.............................. B. STATEMENT OF THE CASE . ............................ ........ ............... I 1. Procedure .............................................................................. I 2. Facts ......................................................... ........................... 7 C. ARGUMENT ..... ........................................................... ....... 14 ....... 1. THE TRIAL COURT PROPERLY ADMITTED THE TESTIMONY OF CORNELIA THOMAS BECAUSE SUCH TESTIMONY PROVIDED THE NECESSARY CONTEXT THAT ENABLED THE JURY TO ACCESS THE REASONABLENESS OF THE VICTIM'S INTERVIEW RESPONSES AND DID NOT CONSTITUTE IMPROPER OPINION TESTIMONY ON THE VERACITY OF THE VICTIM .............. .................. 14 1 -
2. THE TRIAL COURT PROPERLY DENIED DEFENDANT'S, MOTION TO ADMIT EVIDENCE OF THE VICTIM'S MOTHER'S DRUG AND VOCATIONAL HISTORY AS NOT RELEVANT .......... 22 3. THE DEFENDANT HAS FAILED TO MEET HIS BURDEN OF SHOWING EITHER PROSECUTORIAL MISCONDUCT OR THAT THE UNCHALLENGED ARGUMENT AT ISSUE WAS FLAGRANT AND ILL- INTENTIONED ...................... .......................... ............... 32 4 THE TRIAL COURT PROPERLY GRANTED THE TRIAL CONTINUANCES BECAUSE THOSE CONTINUANCES DID NOT VIOLATE DEFENDANT'S RIGHTS TO SPEEDY TRIAL AS PROTECTED BY THE TIME FOR TRIAL PROVISIONS OF CRR 3,3. 14 . ......... 36 D. CONCLUSION . ................................... .................... ................... 49
Page 1: 930 Tacoma Avenue South Room 946 Ta
Page 5 and 6: State v. Gregory, 158 Wn.2d 759, 84
Page 7 and 8: Rules and Regulations CrR3. 3 .....
Page 9 and 10: The court originally set Defendant'
Page 11 and 12: State made a similar motion, RP 74-
Page 13 and 14: 522-43, Elizabeth Wendell, RP 543-6
Page 15 and 16: RP 339, 341. She testified that she
Page 17 and 18: touching to S.D. RP 428-29. She tol
Page 19 and 20: witnesses and arranged for a forens
Page 21 and 22: C. ARGUMENT. 1. THE TRIAL COURT PRO
Page 23 and 24: expansive view of claims that testi
Page 25 and 26: Therefore, communicating to the jur
Page 27 and 28: held that testimony describing "[t]
Page 29 and 30: 2. THE TRIAL COURT PROPERLY DENIED
Page 31 and 32: To be relevant, evidence must meet
Page 33 and 34: RP 257. See RP 254-58, 261-62, 283-
Page 35 and 36: ecollection of that molestation, an
Page 37 and 38: mention of the rape-shield statute
Page 39 and 40: 3. THE DEFENDANT HAS FAILED TO MEET
Page 41 and 42: the issues in the case, the evidenc
Page 43 and 44: indicator for child sexual abuse."
Page 45 and 46: emphasis added). T]he decision to g
Page 47 and 48: and judges." Kenyon, 167 Wn.2d at 1
Page 49 and 50: untenable reasons, "' State v. Flin
Page 51 and 52: obtained via in camera review." CP
Page 53 and 54:
At that July 19, 2010 motion, the d
Page 55 and 56:
and judges at the time of that cont
Page 57 and 58:
Certificate of Service: The undersi
Page 59 and 60:
1111111111111111111111 0 33454459 O
Page 61 and 62:
09- 1 33587523 ORCTD 01- 19-10 SUPE
Page 63:
JUN 1 R " SUPERIOR COURT OF WASHING
Page 66 and 67:
APPENDIX E
Page 68 and 69:
APPENDIX F
Page 70 and 71:
APPENDIX G
Page 72 and 73:
APPENDIX H
Page 74 and 75:
APPENDIX I
Page 76 and 77:
IN THE SUPERIOR COURT OF THE STATE
Page 78 and 79:
IN THE SUPERIOR COURT OF THE STATE
Page 80 and 81:
STATE OF WASHINGTON, DENNIS MCDANIE
Page 82 and 83:
STATE OF WASHINGTON, DENNIS MCDANIE
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Respondent's Brief - Washington State Courts

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