Recent Articles

Tony Savage, R.I.P.

Mike Morgan
January 06, 2012 19:13

Tony Savage was both a gentleman and a fine defense lawyer and he will be missed. I just want to share one of many Tony Savage stories--this involving his defense of Gary Ridgway. The prosecution in the Ridgway case was preparing to seek additional funds from the County Council for the prosecution...

Why was Jerry Sandusky on TV?

Mike Morgan
November 17, 2011 00:34

Conventional wisdom is that defendants are poorly served speaking publicly about their alleged crimes. Self-serving statements are not allowed into evidence at trial and contradictory statements can help the prosecution impeach the defendant. The prosecution also, as in the case of Jerry Sandusky,...

What to look for in a Public Defender

Mike Morgan
October 24, 2011 21:35

The American Bar Association (ABA) is conducting seminars and has published a handbook that addresses what to look for in a "public defense delivery system." Among the ABA'S ten principles of a public defense system is that "defense counsel is provided sufficient time and a confidential space...

Proper advisements at arraignments

Mike Morgan
October 03, 2011 22:13

In July Humberto Leal Garcia, jr was executed in Texas. Mr. Leal was a Mexican citizen and during his detention he was not advised he may contact consular officials. In 2004 the International Court of Justice found that foreigners detained abroad had a right under the Vienna Convention to be...

Jury Selection and a Winning Case

Mike Morgan
September 11, 2011 17:42

Less than 3 weeks ago went to trial on a Class A Felony case. My client was charged with Burglary in the First Degree. During jury selection one of the potential jurors volunteered she had been a victim of a residential burglary and she thought she could not give my client a fair shake. The trial...

Photo enforcement ticket defenses

Mike Morgan
August 29, 2011 23:42

In Washington state, photo enforcement tickets do not go on a person's driving record. Because of this fact and the amount of the fine involved it generally makes very little sense for a person to hire a lawyer for a photo enforcement ticket. It also makes no sense, if photo enforcement...

Vacating your Criminal Conviction in Washington state

Mike Morgan
August 20, 2011 15:37

Is your conviction a felony or a misdemeanor? Different statutes and different courts determine whether to vacate a conviction depending on whether that conviction is a felony (see RCW 9.92.066, 9.95.240 and 9.94A .640) or a misdemeanor (RCW 9.96) or a juvenile offense. The defendant's sentencing...

Default judgments on Traffic Infractions

Mike Morgan
August 03, 2011 16:01

Although traffic tickets are civil infractions and this is a criminal law blog the fact is the lawyers that represent people on traffic tickets are frequently criminal defense attorneys. In any event, in preparing for a criminal case in Sea-Tac Municipal Court I decided to review their local court...

Stipulated Orders of Continuances and Expungements

Mike Morgan
August 03, 2011 15:36

There is no Washington state statute that recognizes the authority of a court to enter into Stipulated Orders of Continuance (SOC). Courts of Limited Jurisdiction, unlike the Superior Courts, are not courts of equity but are courts that sole power is derived by statute--so while many...

The News Tribune v. Cayce

Mike Morgan
August 02, 2011 15:34

Most coverage of the case of The News Tribune v. Cayce focused on the conduct of 2 Superior Court Judges--Judge James Cayce and Judge Michael Hecht. Judge Cayce closed a courtroom during the taking of a deposition in a criminal case in which the defendant was Judge Michael Hecht. Judge Cayce's...