Respondent's Brief - Washington State Courts

More documents

Recommendations

Info

STATE OF WASHINGTON, DENNIS MCDANIEL vs. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON Plaintiff, Defendant. Greetings to: RACHEL MCCUTCHEON IN AND FOR THE COUNTY OF PIERCE Cause Number 09-1- 05629-5 SUBPOENA FOR JURY TRIAL Subpoena IDN 682260 INCIDENT #: TACPD / 091730898 INCIDENT DATE: 06/22/ 2007 0570 6/lAc', 781a 0824 YOU ARE HEREBY COMMANDED to appear in Pierce County Superior Court, County City Building, 930 Tacoma Avenue South, Room 41 Tacoma, Washington on 06/10/ 10, at 09:00 am, to give evidence on behalfof the Plaintiff, State of Washington. Your contact person for this subpoena is LORI WILSON, at (253) 798-6718. YOU MUST CALL THIS PERSON UPON RECEIPT OF YOUR SUBPOENA AND PROVIDE A CURRENT PHONE NUMBER AND ADDRESS. You are not expected to be present during the entire trial. We will advise you of the day and approximate time your testimony will be needed. Due to court congestion and other reasons, it is possible that the trial will not commence on the date stated. If we have a current phone number for you, we will attempt to advise you of any scheduling changes. This subpoena, however, remains in effect and imposes a continuing duty to appear until you are discharged. You may submit a claim form for your attendance and mileage. Should you neglect to complete the form, no fees will be disbursed to you. DATED: 06/04/ 2010 Declaration of service: The undersigned declares under penalty of perjury That I sqvcdQW the within subpoena upon p4pla by handing hnn/hillraco pyofthsame on this dwe. Uectare under penalty of perjury under the laws of the State of Washington thp the foregoing is true and correct Dated: G — ' — /49 Place: Tacoma, Washington M SUBPOENA FOR JURY TRIAL 1Offi-1X-TW& NA1-1 S/ JENNIFER R HERNANDEZ JENNIFER R HERNANDEZ Deputy Prosecuting Attorney, WSBA NO. 36131 IS"", I RZ, E' E I V E D Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office: (253) 798-7400
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF PIERCE STATE OF WASHINGTON, Cause Number 09-1- 05629-5 V& Plaintiff, SUBPOENA FOR JURY TRIAL Subpoena ID4 682258 DENNIS MCDANIEL INCIDENT #: TACPD/ 091730898 Greetings to LATONYA TURNER Defendant. INCIDENT DATE: 06/22/ 2007 8576 6/14' 19,0 YOU ARE HEREBY COMMANDED to appear in Pierce County Superior Court, County City Building, 930 Tacoma Avenue South, Room 41 Tacoma, Washington on 06/10/ 10, at 09:00 am , to give evidence on behalf of the Plaintiff, State of Washington, Your contact person for this subpoena is LORI WILSON, at (253) 798-6718. YOU MUST CALL THIS PERSON UPON RECEIPT OF YOUR SUBPOENA AND PROVIDE A CURRENT PHONE NUMBER AND ADDRESS. You are not expected to be present during the entire trial, We will advise you of the day and approximate time your testimony will be needed. Due to court congestion and other reasons, it is possible that the trial will not commence on the date stated. If we have a current phone number for you, we will attempt to advise you of any scheduling changes. This subpoena, however, remains in effect and imposes a continuing duty to appear until you are discharged. You may submit a claim form for your attendance and mileage. Should you neglect to complete the form, no fees will be disbursed to you. DATED: 06/04/ 20 Declaration or service: The undersigned declares under penalty of perjury cdQ7e 11?the That I = within subpoena upon 10 — by handing birrilheria copy af the sarr0on this date, I declare under penalty of perjury under the laws of the State of Washingtonth foregoing is true and correct. 0 — / 0 Dated: —( Place: Tacoma, Washington a&W q 9411, 44 V Signature SUBPOENA FOR JURY TRIAL S/ JENNIFER R HERNANDEZ JENNIFER R HERNANDEZ Deputy Prosecuting Attorney, WSBA No. 36131 1SU REC'N' UUN 0 8 2010 Office of the Prosecuting Attorney 930 Tacorna Avenue South, Room 946 Tacoma, WA 99402-2171 Main Office; (253) 798-7400
Page 1 and 2:
930 Tacoma Avenue South Room 946 Ta
Page 3 and 4:
2. THE TRIAL COURT PROPERLY DENIED
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 82 and 83: STATE OF WASHINGTON, DENNIS MCDANIE
show all

Respondent's Brief - Washington State Courts

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?