Category Archives: Search and Seizure

State v. Dingman: Trial Court Erred in Denying Defendant’s Discovery Requests

Constitutional Rights, Discovery, Due Process, felony, Forensics, Jury Trial, Pretrial Investigations, Search and Seizure, Theft, Washington Court of Appeals, , ,

What Is A Discovery Request? Texas Rules of Civil Procedure

In State v. Dingman, the WA Court of Appeals Court held the State is obligated to disclose all tangible objects in its possession which were obtained from or belonged to the defendant at the time of arrest.

Here, the authorities seized Mr. Dingman’s computers while investigating him for Theft and Money Laundering.  The State created mirror image copies of the computers’ hard drives using a program called EnCase.  Dingman asked for direct access to his computer.  The Court refused, and instead ordered copies be provided using Encase, a program the defense neither had not knew how to use.

Applying court rules/procedures, the WA Court of Appeals Court held the State is obligated to disclose all tangible objects in its possession which were obtained from or belonged to the defendant.  The computer hard drives were tangible objects obtained from the defendant.  Defense counsel should be allowed to examine the hard drives.  Therefore, it was error not to give the defense access to the hard drives.

My Opinion?  Great decision. Division II gave an excellent decision regarding the violation of a defendant’s right to review evidence. The defendant should ALWAYS have access to materials the prosecutor wants to use at trial.  Indeed, it’s a blatant violation of a defendant’s Constitutional rights to deny access.  Providing evidence to the other side is also, quite simply, a professional courtesy.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

 

Decades of Disparity: Drug Arrests and Race in the United States

Constitutional Rights, Drug Offenses, Due Process, felony, Jail, law enforcement, marijuana, misdemeanor, police, Privacy, Race & Law, Search and Seizure, Search Warrant, Sentencing, Studies, , ,

The War on Drugs: Race, Class, Colonialism and the Politics of Pleasures – Culture, Power and Politics

New drug arrest data shows the persistence and extent of racial disparities in the “War on Drugs” in the United States.

The report indicates dramatic racial disproportions among incarcerated drug offenders.  It states, “Since blacks are more likely to be arrested than whites on drug charges, they are more likely to acquire the convictions that ultimately lead to higher rates of incarceration.” The report also shows that although data indicates that blacks represent about one-third of drug arrests, they constitute 46 percent of persons convicted of drug felonies in state courts.

Among black defendants convicted of drug offenses, 71 percent received sentences to incarceration in contrast to 63 percent of convicted white drug offenders.

My opinion?  The “War on Drugs” should rename itself as the  “War on Race.”  The data speaks for itself.

End the War on Drugs.  Legalize marijuana.  Stop institutional racism.

Please contact my office if you, a friend or family member are charged with a Drug Offense or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.