Legal Opinion

State v. D.T.M.

Court of Appeals of Washington

Decided June 20, 1995No. 12729-0-IIIPublishedCited by 24 opinions

1Opinion of the CourtSchultheis, J.

D.T.M. moved to withdraw his Alford1 plea to first-degree child molestation after the victim recanted her allegations. The court denied the motion and *218sentenced him within the standard range to 51 months. He appeals, contending the court must grant a new trial when the only factual basis for the conviction arises out of the testimony of a witness who later recants. We reverse and remand for further proceedings.

On September 17, 1991, D.T.M.’s nine and one-half-year-old stepdaughter M.J. told a neighbor her stepfather had tried to rape her. The police and the Department of Social and Health…

2Cases cited7 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. State v. WilliamsWashington Supreme Court · 1981
  3. State v. RolaxWashington Supreme Court · 1974
  4. State v. YorkCourt of Appeals of Washington · 1985
  5. Wright v. MorrisWashington Supreme Court · 1975

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

3Cited by24 opinions

  1. People v. SchneiderSupreme Court of Colorado · 2001
  2. State v. MaconWashington Supreme Court · 1996
  3. State v. MacOnWashington Supreme Court · 1996
  4. State v. KrumArizona Supreme Court · 1995
  5. In Re ReiseCourt of Appeals of Washington · 2008

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

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