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State v. Yarbrough

Citations

  • 151 Wash. App. 66

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding gang affiliation evidence to be relevant to prove motive under Rule 404(b)
  • stating that expert testimony that gang members “gain status within the gang by being willing to engage in gunplay to defend the gang’s honor,” when combined with evidence of Mr. Yarbrough’s intent, supported the aggravating factor
  • finding gang-related evidence relevant to establish the relationship between the defendant and victim
  • courts may presume that counsel did not request a limiting instruction so as to avoid reemphasizing damaging evidence
  • “[F]ailure to request a limiting instruction for evidence admitted under ER 404(b) may be a legitimate tactical decision not to reemphasize damaging evidence.”
  • failure to request a limiting instruction presumed to be a legitimate trial tactic not to reemphasize damaging evidence

Source: CourtListener parenthetical corpus (CC0).

Judges: Armstrong, Bkintnall, Penoyar, Quinn

Read full opinion on CourtListener

Cited by

38 cases in this archive cite this case; the 20 most cited are listed.

Cites

55 cases in this archive are cited by this case; the 20 most cited are listed.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.