Respondent's Brief - Washington State Courts

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STATE OF WASHINGTON, DENNIS MCDANIEL vs. IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON Plaintiff, Defendant. Greetings to: CASSANDRA ELLSWORTH IN AND FOR THE COUNTY OF PIERCE Cause Number 09- 1- 05629 -5 SUBPOENA FOR JURY TRIAL Subpoena ID# 682255 INCIDENT # :TACPD / 091730898 INCIDENT DATE: 06/222007 05713 0-1924S YOU ARE HEREBY COMMANDED to appear in Pierce County Superior Court, County City Building, 930 Tacoma Avenue South, Room 411, 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: 06/042010 Declaration of Service: The undersigned declares under penalty of perjury: That 1 sere 2 m e f x the within subpoena upon by handing hiiWbei a copy of the s me on this date. 1 declare under penalty of perjury under the laws of the State of Washington that a foregoing is true and correct. Dated: l0 Plecc: Tacoma, Washington 01 RFk A- MAJ - '— SUBPOENA FOR JURY TRIAL S/ JENNIFER R HERNANDEZ JENNIFER R HERNANDEZ Deputy Prosecuting Attorney, WSBA NO. 36131 ISU RECEIVED JUN 0 S 2010 Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office: (253) 798 -7400
1544:101: March 13,, 2012 - 3:27 PM Transmittal Letter Document Uploaded: 418851- Respondent's Brief.pdf Case Name: St. v. Dennis McDaniel Court of Appeals Case Number: 41885-1 Is this a Personal Restraint Petition? 0 Yes * No The document being Filed is: 0 Designation of Clerk's Papers 1:1 Supplemental Designation of Clerk's Papers Statement of Arrangements Motion: Answer/Reply to Motion: Brief: Respondent's Statement of Additional Authorities Cost Bill Objection to Cost Bill Affidavit Letter 0 Copy of Verbatim Report of Proceedings - No. of Volumes: Hearing Date(s): 0 Personal Restraint Petition (PPP) 0 Response to Personal Restraint Petition 0 Reply to Response to Personal Restraint Petition 0 Other: Sender Name: Therese M Kahn - Email: tnichol@co.pierce. wa.us A copy of this document has been emailed to the following addresses: david@washapp.org
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930 Tacoma Avenue South Room 946 Ta
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2. THE TRIAL COURT PROPERLY DENIED
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State v. Gregory, 158 Wn.2d 759, 84
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Rules and Regulations CrR3. 3 .....
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The court originally set Defendant'
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State made a similar motion, RP 74-
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522-43, Elizabeth Wendell, RP 543-6
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RP 339, 341. She testified that she
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touching to S.D. RP 428-29. She tol
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witnesses and arranged for a forens
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C. ARGUMENT. 1. THE TRIAL COURT PRO
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expansive view of claims that testi
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Therefore, communicating to the jur
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held that testimony describing "[t]
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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
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Respondent's Brief - Washington State Courts

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