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October 2007
Seed and Soil: Why Billy Accused Max
Usually when a child incorrectly alleges that he has been molested, someone close to him—or the child himself—has something to gain from the accusation.
December 2003
A "Shaken Baby" Case Study: Judge
Reverses CPS Decision That Woman Assaulted Infant
A Washington state woman's care of her foster infant has been vindicated by an administrative law judge.
. . . . More
Fri September 11 2009
Executed Though Innocent?
Some proponents of the death penalty contend post-conviction remedies in modern America guarantee the innocent will not be executed. One recent case may refute that argument.
Fri April 17 2009
Removing the Stain of Guantanamo
Recent court rulings and President Obama's executive orders offer hope that, after over seven years of incarceration and abuse, the prisoners at Guantanamo will see a just resolution to their cases.
Fri February 13 2009
Prestigious Report Expected to Condemn Police Forensic Work
A two-year review of work in the nation's crime labs is expected to conclude this month in a report condemning much of that work.
Wed January 28 2009
New Book Probes Sex Abuse Hysteria
A new book tells the story of one of two sex abuse hysterias that America suffered through in the 1980's and ‘90's.
Wed October 29 2008
Memory Science Summarized for Courts
The British Psychological Society in June issued guidelines that attempted to summarize scientific knowledge of memory as it figures in legal disputes.
Thu October 2 2008
Adults Can't Tell When Children Lie
So you think you can tell when a child is lying? You can see it in the quivering of a lip, the uncomfortable shuffling of the feet, the squirming in the chair?
Wed October 1 2008
PTSD Symptoms Without Trauma
Checklists of Post-Traumatic Stress Disorder symptoms are insufficient to determine that a person has suffered a traumatic event. That was an implication of the message given by Melvin Guyer September 19th at the National Child Abuse Defense & Resource Center's conference in Las Vegas.
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In re Personal Restraint of Clyde R. Spencer (2009)
Recantations Lead Court to Vacate Guilty Plea
The Washington Court of Appeals has ordered that a man who pleaded guilty to statutory rape of three children—and who then spent almost 20 years in prison—be allowed to withdraw his guilty plea.
Bellevue John Does 1-11 v. Bellevue School District No. 405 (2008)
Accused Teachers Have Privacy Right in Records
The Washington Supreme Court has held that school districts need not publicly identify teachers alleged to have had sexual misconduct with students if the allegations are not substantiated.
Kennedy v. Louisiana (2008) and Giles v. California (2008)
Latest from the U.S. Supreme Court
Two recent opinions of the United States Supreme Court contain passages that will interest readers of Child Abuse Law News.
State of Washington v. Mason (2007)
Forfeiture by Wrongdoing
The Washington Supreme Court has decided that state criminal defendants can forfeit their confrontation rights through wrongdoing.
State of Washington v. Kendra Lynn Watt (2007)
Crawford Error Can be Harmless, Many Courts Say
The Washington Supreme Court has joined many others in holding that trial court errors admitting evidence in violation of the Crawford decision are not structural errors.
State v. Kirkman (2007)
Kirkman Reversed; Constitutional Error Not Manifest
The Washington Supreme Court has reversed the court of appeals and reinstated convictions in two child sex abuse cases.
State v. Hopkins (2007)
Child's Statements to CPS "Testimonial," Washington Court Holds
A child's allegations of sexual molestation to a case worker from Child Protective Services were testimonial, the Washington Court of Appeals has held.
State of Washington v. Perez (2007)
Competency Attack Spoils Appeal
The Washington Court of Appeals has affirmed a conviction despite error in the admission of child hearsay.
Whorton v. Bockting (2007)
Crawford Decision Not Retroactive, Supreme Court Decides
The U.S. Supreme Court has denied the benefit of its landmark decision in Crawford v. Washington to persons whose convictions were final before it was decided.
State of Minnesota v. Krasky (2006)
Minnesota Court Rules Child's Statements to Nurse "Testimonial"
The Minnesota Court of Appeals has reversed a child abuse conviction because the child's statements to a nurse practitioner were improperly admitted at trial.
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The police want to talk to me
about an accusation against me. What should I do?
Most people, whether innocent or guilty, will say something during
police interrogation that they will regret later.
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No cases challenge a lawyer
more than those alleging child
abuse - and very few have
higher stakes.
— David S. Marshall
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1001 Fourth Avenue, 44th Floor Seattle, WA 98154
Ph: 206.826.1400 Fax: 206.389.1708 Email: contact@childabuselaw.info
DISCLAIMER: These materials have been prepared by the Law Office of David S. Marshall for informational purposes only and should not be relied upon as legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking competent counsel. The information contained in this web site is provided only as general information and may not reflect the law governing a particular person's situation. This information is not provided in the course of an attorney-client relationship and is not intended to substitute for obtaining legal advice, tailored to one's individual circumstances, from a duly licensed attorney.
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