Marshall David S

Information may not be reliable

False Memories Abound in Child Sex Abuse Trial
A child's false memory that she had been molested, and her parents' false memories that she had behaved as if she were being molested, apparently underlay the prosecution of an innocent man.

Seed and Soil: Why Billy Accused Max
Usually when a child incorrectly alleges that he has been molested, someone close to him—or the child himself—has something to gain from the accusation.

A "Shaken Baby" Case Study: Judge
Reverses CPS Decision That Woman Assaulted Infant
A Washington state woman's care of her foster infant has been vindicated by an administrative law judge.

Shaken Baby Law Lags Behind Science
A law professor and former prosecutor has called for a comprehensive study to determine the legitimacy of the shaken baby syndrome diagnosis.

Executed Though Innocent?
Some proponents of the death penalty contend post-conviction remedies in modern America guarantee the innocent will not be executed. One recent case may refute that argument.

Removing the Stain of Guantanamo
Recent court rulings and President Obama's executive orders offer hope that, after over seven years of incarceration and abuse, the prisoners at Guantanamo will see a just resolution to their cases.

Prestigious Report Expected to Condemn Police Forensic Work
A two-year review of work in the nation's crime labs is expected to conclude this month in a report condemning much of that work.

New Book Probes Sex Abuse Hysteria
A new book tells the story of one of two sex abuse hysterias that America suffered through in the 1980's and ‘90's.

Second Circuit Asks DA to Investigate Friedman Prosecution
The U.S. Court of Appeals for the Second Circuit has called on a district attorney to review the case of Jesse Friedman.

Suspected Victims Entitled to Fourth Amendment Protections at School, Ninth Circuit Says
The U.S. Court of Appeals for the Ninth Circuit has ruled that Fourth Amendment rights apply when suspected child abuse victims are interviewed at school by child protective workers accompanied by police.

Corpus Delicti Rule Requires Dismissal of Child Molestation Charge
The Washington Supreme Court has clarified the impact of a 2003 Washington statute modifying the corpus delicti rule.

In re Personal Restraint of Clyde R. Spencer (2009)

Recantations Lead Court to Vacate Guilty Plea
The Washington Court of Appeals has ordered that a man who pleaded guilty to statutory rape of three children—and who then spent almost 20 years in prison—be allowed to withdraw his guilty plea.

Bellevue John Does 1-11 v. Bellevue School District No. 405 (2008)

Accused Teachers Have Privacy Right in Records
The Washington Supreme Court has held that school districts need not publicly identify teachers alleged to have had sexual misconduct with students if the allegations are not substantiated.

Kennedy v. Louisiana (2008) and Giles v. California (2008)

Latest from the U.S. Supreme Court
Two recent opinions of the United States Supreme Court contain passages that will interest readers of Child Abuse Law News.

Forfeiture by Wrongdoing
The Washington Supreme Court has decided that state criminal defendants can forfeit their confrontation rights through wrongdoing.

State of Washington v. Kendra Lynn Watt (2007)

Crawford Error Can be Harmless, Many Courts Say
The Washington Supreme Court has joined many others in holding that trial court errors admitting evidence in violation of the Crawford decision are not structural errors.

Kirkman Reversed; Constitutional Error Not Manifest
The Washington Supreme Court has reversed the court of appeals and reinstated convictions in two child sex abuse cases.

The police want to talk to me
about an accusation against me. What should I do?
Most people, whether innocent or guilty, will say something during police interrogation that they will regret later.

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