Legal Opinion

State v. Russell

Court of Appeals of Washington

Decided February 9, 2010No. 38233-4-IIPublishedCited by 6 opinions

1Opinion of the CourtBridgewater, J.

¶1 Arthur C. Russell appeals his conviction for first degree child rape — domestic violence. We hold that the trial court abused its discretion by admitting ER 404(b) evidence of other alleged sexual abuse of the victim without giving the jury a required limiting instruction. We reverse and remand.

*778Facts

¶2 Russell met CR’s1 mother, Marilou, in 1993 when Russell was in the navy; the couple married in 1995. CR was born May 22, 1992, the youngest of Marilou Russell’s five children. CR met Russell in the Philippines, her birthplace, when she was about two or three years old. After her mother…

2Cases cited26 opinions

  1. State v. StensonWashington Supreme Court · 1997
  2. State v. StensonWashington Supreme Court · 1997
  3. State v. GuloyWashington Supreme Court · 1985
  4. State v. LoughWashington Supreme Court · 1995
  5. State v. SmithWashington Supreme Court · 1986

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3Cited by6 opinions

  1. State v. RussellWashington Supreme Court · 2011
  2. State v. DowCourt of Appeals of Washington · 2011
  3. State v. DowCourt of Appeals of Washington · 2011
  4. State v. RussellWashington Supreme Court · 2011
  5. State v. VelizCourt of Appeals of Washington · 2011

1 more not listed; retrieve them via the Exa API.

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