Washington Appellate Court Cases

Selected Case:

In re Personal Restraint of Joseph Omar Sabir, No. 40114-6-III (Unpublished September 9, 2025):

Sabir challenged the DOC’s revocation of his 2021 DOSA and reclassification to confinement, arguing he was denied due process when the hearing officer refused to call his wife as a witness. The court granted relief on that ground—vacating the revocation order and remanding for a new hearing—but denied all other claims.

State v. Martin Thomas Stanley, No. 39509-0-III (Unpublished July 3 2025):

The State struck a half-Puerto Rican juror during voir dire, justifying the challenge by claiming she “lacked life experiences.” Applying GR 37’s objective-observer standard, the court held an inference of implicit bias was possible, reversed Stanley’s conviction, and remanded for a new trial.

State v. Faber, No. 39880-3-III (Unpublished June 12 2025):

The trial court allowed the State to introduce 404(b) evidence of prior molestation without conducting the four-part 404(b) test. The trial court never addressed whether the prior misconduct likely occurred. The Court of Appeals reversed the conviction, given the uncertainty about whether the prior event was likely accidental or even occurred.

State v. Golyshevsky, No. 58335-6-II (unpublished January 22, 2025):

Golyshevsky appealed his conviction for second degree theft, arguing that there was insufficient evidence to support the jury’s verdict. The Court of Appeals reversed the conviction for second degree theft. It remanded for the trial court to impose judgment on the lesser included offense of third degree theft and to resentence him.

State v. England, No. 57354-7-I (unpublished May 13, 2024):

England appealed his conviction for unlawful possession of payment instruments and argued that the trial court erred under ER 404(b) by admitting his prior convictions for unlawful possession of financial instruments. The Court of Appeals agreed and reversed the conviction and remanded for a new trial.

State v. Sanchez, No. 57354-7-II (published March 19, 2024):

Sanchez appealed his conviction and sentence alleging the prosecution’s comments during the trial misstated the law and constituted misconduct that deprived him of a fair trial by relieving the prosecution of its burden of proof. The Court of Appeals reversed the conviction and remanded for a new trial.

State v. Stavig, Court of Appeals No. 83872-5-I (unpublished May 1, 2023):

Stavig argued the trial court erred by including a point in his offender score for committing his offenses while in community custody for an invalid drug possession conviction. The Court of Appeals reversed and remanded for resentencing.