Notable Cases and Trials:
Kavanaugh v. Harris
Civil rights lawsuit against City of Pullman police
officer for excessive use of force (taser) resulting in $25,000 settlement to
plaintiff.
State v. Gardner
Whitman County Superior Court case holding that campus
police cannot patrol dormitory hallways hoping to find evidence of criminal
conduct.
State v. Aljutily
Appeal creating new case law protecting rights of criminal
defendants in First Amendment context.
State v. Anderson
Felony dismissed because warrant failed to comply with
First Amendment particularity requirements.
State v. Baldwin
Felony Controlled Substance charge dismissed because of an
illegal search of a back pack.
State v. Barker
Whitman County Superior Court DOL appeal establishing that
Implied Consent Warnings did not comply with implied consent statute or due
process.
State v. Holcomb
Felony Controlled Substance charge dismissed because of
illegal dorm search.
State v. Lovely
Delivery of a Controlled Substance charge dismissed by
prosecutor because search warrant affidavit did not establish a connection
between the odor of marijuana and the place to be searched.
State v. Garbarino
Felony Controlled Substance charge dismissed because of
illegal car stop. The driver was stopped in an area not open to the public but
was inadequately marked.
State v. Gilbert
Felony Controlled Substance case dismissed because of
illegal stop. Court determined that it is not a traffic infraction to cross the
fog line.
State v. Goldstein
High profile vehicular assault trial involving serious
injury to a deputy resulting in a substantial defense verdict.
State v. Gurske
Firearms enhancement case argued before Washington State
Supreme Court resulting in favorable 9-0 decision.
State v. Stringer
Felony Controlled Substance charge dismissed due to
illegal arrest based on an unconstitutional Idaho statute. The statute allowed
for a suspension of a driver’s license without a hearing in violation of due
process.
State v. Sullivan
Felony Possession of a Firearm and Controlled Substance
charges dismissed because of a bad search warrant. The warrant application
omitted facts connected the evidence sought for and the place to be searched.
State v. Sun
Felony Harassment charge dismissed by prosecutor because
of illegal arrest of defendant made his admission inadmissible.
State v. Taylor
Felony Controlled Substance charge dismissed because of illegal
search incident to arrest.
State v. Quasch
Felony Controlled Substance charge that was dismissed because the
issuing court failed to preserve the warrant application.
State v. Waite
Argued before Washington State Supreme Court issue of
whether RCW 10.31.100, authorizing misdemeanor arrests which do not occur in
presence of arresting officer, violates state constitution.
State v. Walker
Felony Harassment charge dismissed by prosecutor because
of illegal arrest of defendant made his admission inadmissible.
State v. Zettergren
First Degree Murder and First Degree Kidnapping trial
resulting in acquittal on kidnapping and reduction to Second Degree Murder.
Stiffarm v. Wilson
Civil rights lawsuit against City of Pullman police
officer for excessive use of force (pepper spray) resulting in $15,000
settlement to plaintiff.
State v. Weider
Whitman County Superior Court case establishing local
precedent that the odor of alcohol in a vehicle alone does not give officers
reasonable suspicion justifying detention of every passengers who appears under
21.
Barker v. DOL
Whitman County Superior Court DOL appeal establishing that Implied Consent
Warnings did not comply with implied consent statute or due process.
City of Palouse v. Bowser (alias)
Dangerous dog case resulting in release of dog facing death penalty.
Colfax v. Keeney
First jury trial in Colfax Municipal Court in modern times.
Dibble v. WSU
Appeal from Student Conduct decision setting precedent that WSU could not simply
“ban” students from campus and all WSU property.
Kizer v. Embassy Properties
Slip and fall case resulting $100,000.00 plus settlement.
State v. Vendetta (alias)
Acquittal by jury on two counts of Felony Harassment against police officers by
defendant who boosted that his friends in infamous “Zeta” drug cartel would get
them for arresting him for DUI. DUI was dismissed by prosecutor at trial.
State v. Yeamens
Trial on charges of one count of First Degree Child Rape and three counts of
First Degree Child Molestation resulting in acquittals.
State v. Painted Sky Warrior
Obstruction trial that resulted in acquittal. Overzealous Pullman police officer
responded to a noise complaint and when he jumped out of shadows to confront a
resident exiting his house he pepper sprayed him and arrested him for
Obstructing because he did not immediately show him his hands as ordered.
State v. Schur
Felony Controlled Substance charge dismissed due to warrant that failed to
adequately describe the place to be searched. The warrant gave the wrong address
and no other description of the residence to be searched. (Lazcano, a defendant
in a murder trial, was later convicted of killing Schur.)
Martonick Law - 207 East Main, Pullman, WA -
Phone: 509-334-4808
