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Representative Appellate Cases
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The following cases are among the many successful appeals that James Lobsenz has argued and won:
State v. Stein, 144 Wn.2d 236, 27 P.3d 184 (2001) - Convictions for three counts of attempted first degree murder and one count of first degree burglary reversed because the jury instructions improperly allowed the jury to find the defendant vicariously liable for crimes committed by alleged co-conspirators and failed to include all the required elements of accomplice liability.
State v. Head, 136 Wn.2d 619, 964 P.2d 1187 (1998) - Convictions for nine counts of first degree theft vacated and case remanded for further proceedings because trial judge in bench trial had failed to enter written findings of fact and conclusions of law.
State v. Stegall, 124 Wn.2d 719, 881 P.2d 979 (1994) - Convictions for possession of cocaine and possession of cocaine with intent to deliver reversed the because defendant did not waive his right to a 12 person jury, and the trial judge improperly allowed a jury of only 10 jurors to deliberate and to return verdicts.
State v. Horton, 116 Wn. App. 909, 68 P.3d 1145 (2003) - Convictions for child molestation and rape of a child reversed. The defendant's trial attorney failed to lay a proper foundation for impeachment of the alleged victim with prior inconsistent statements, and therefore the prior inconsistent statements were never admitted. The Court of Appeals held that trial counsel's deficient performance was prejudicial and constituted ineffective assistance of counsel.
State v. Letourneau, 100 Wn. App. 424, 997 P.2d 436 (2000) - Defendant convicted of rape of a child was given a suspended sentence and probation. Her probation conditions included a prohibition against obtaining any profit from the publishing or commercial sale of the story of her crimes. The sentencing judge also prohibited the defendant from having any unsupervised contact with her own biological children. The defendant appealed challenging these provisions of her sentence and the Court of Appeals agreed that they were improper and vacated both conditions.
State v. McDaniel, 83 Wn. App. 179, 920 P.2d 1218 (1996) - Conviction for second degree assault reversed because trial judge improperly refused to allow defense to cross-examine the alleged victim regarding testimony she had given in a related civil case where she had admitted to using illegal drugs at a time while she was on probation.
State v. Pittman, 54 Wn. App. 58, 772 P.2d 516 (l989) - The defendant received an exceptional sentence on two counts of second degree assault. The Court of Appeals found that the sentencing judge's reasons for imposing the exceptional sentence were invalid and vacated the exceptional sentence and remanded for resentencing.
State v. Sargent, 40 Wn. App. 340, 698 P.2d 598 (1985) - The defendant was convicted of first degree murder. The Court of Appeals reversed the conviction finding several errors: the prosecutor had improperly commented on the defendant's exercise of his Fifth Amendment privilege not to testify; the prosecutor improperly vouched for the credibility of a prosecution witness; gruesome photographs were admitted even though they had minimal relevance and were highly prejudicial; and a detective was improperly permitted to testify that in his opinion the defendant's reaction to news of his wife's death appeared to be contrived.
United States v. Pitner, 307 F.3d 1183 (9th Cir. 2002) - The defendant's conviction for conspiracy to possess illegal destructive devices (pipe bombs) was set aside because his right to a speedy trial was violated.
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Introducing
 Overview
James Lobsenz
Appellate Cases
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"The criminal justice system is
not perfect by any means. Mistakes are made
and innocent people are wrongfully convicted.
Trial judges make serious errors, and
prosecutors and police sometimes engage in unfair
and illegal conduct in a misguided zealous effort
to punish the bad guy.”
— James Lobsenz
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