Prejudicial Evidence in Washington Civil Protection Order Violation Cases

Washington criminal defendants are entitled to a fair trial.  In some cases, prosecutors may seek to introduce irrelevant and inflammatory evidence that tends to prejudice the jury.  Domestic violence and civil protection order violation cases can be particularly vulnerable to prejudice.  In some cases, a prosecutor’s misconduct may lead to an unfair trial for the defendant.  A defendant in a Washington domestic violence case recently challenged his conviction, alleging prosecutorial misconduct. The defendant was arrested following a 911 call.  According to the appeals court’s opinion, the caller described a man, later identified as the defendant, hitting a woman, pulling her hair, and choking her.  The defendant gave the responding officers his brother’s name and information. Officers found the defendant’s identification during a search at the jail.  They also learned there was a no-contact order prohibiting him from…

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