Subscribe in a reader

ISSAQUAH LAW GROUP - PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Personal Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

Washington Legal Roundup – Division I

State v. Garbaccio

Christopher Garbaccio was convicted of possessing child pornography.  On appeal, he argued that the search warrant allowing law enforcement to search his computer was invalid because it had been 5 months since the investigating detective had first identified Mr. Garbaccio’s IP address as being one associated with computer files containing child pornography.  The Court of Appeals held that unlike drugs, which are usually consumed or sold relatively quickly, computer files remain on a computer for long periods of time and even if deleted, metadata that the file existed on the computer can remain indefinitely.

Mr. Garbaccio also claimed on appeal that the search warrant was invalid because it stated that Mr. Garbaccio was intentionally sharing files on the Gnutella network.  Mr. Garbaccio claimed that sharing was the default setting on his peer to peer sharing software and that the statement in the affidavit of probable cause was, therefore, false.  The Court of Appeals held that it would not consider this issue because it had been raised for the first time on appeal.

Mr. Garbaccio also claimed on appeal that the trial court erred by refusing to give his proposed jury instructions.  The Court of Appeals disagreed, holding that the State need only have proved that Mr. Garbaccio knowingly possessed child pornography.  The length of time during which he did so, the Court reasoned, was unimportant.  The Court of Appeals further held that the jury was properly instructed on the law.

Note to criminal lawyers and the public: Crimes involving use of computers and the Internet continue and will continue to be hard to put in the same box as other criminal offenses.

Subscribe in a reader

Copyright 2014-2018 by Issaquah Law Group, PLLC. Powered by Squarespace. Background image by jakeliefer.