Legal Opinion

In re the Personal Restraint of Monschke

Court of Appeals of Washington

Decided December 21, 2010No. 38365-9-IIPublishedCited by 43 opinions

1Opinion of the Court

¶1 In this personal restraint petition (PRP), Kurtis William Monschke asks us to order a new trial or a reference hearing regarding his conviction for aggravated first degree murder. He argues that (1) his trial counsel were ineffective when they did not do a proper investigation or pretrial preparation of his defense expert witness who, in testifying, undermined key elements of Monschke’s defense and (2) it was prosecutorial misconduct for the State to reach a plea agreement with Monschke’s codefendant Tristain Frye based on a personal friendship between the elected prosecutor and Frye’s…

2Cases cited46 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Smith v. RobbinsSupreme Court of the United States · 2000
  3. State v. McFarlandWashington Supreme Court · 1995
  4. State v. CamarilloWashington Supreme Court · 1990
  5. State v. ThomasWashington Supreme Court · 1987

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3Cited by43 opinions

  1. In re the Personal Restraint of CrowCourt of Appeals of Washington · 2015
  2. In re the Personal Restraint of GriffinCourt of Appeals of Washington · 2014
  3. Fernandez v. BennettDistrict Court, W.D. Washington · 2025
  4. Hawkins v. AndrewjeskiDistrict Court, E.D. Washington · 2023
  5. In Re The Personal Restraint Petition Of Aaron W. TrotterCourt of Appeals of Washington · 2020

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