Skip to content

Division 1 Court of Appeals

State of Washington v. Aston Dewayne Samms


  • A jury convicted Aston Samms of attempted rape in the second degree and rape in the third degree. The State appeals the trial court’s order granting a new trial based on its conclusion that Samms received ineffective assistance of trial counsel. COA #886312. Island County Superior Court #22-1-00122-15.


State of Washington v. Avery Alan Bresnan 


  • A jury convicted Avery Bresnan with possession with intent to deliver a controlled substance and controlled substance homicide. Bresnan challenges both convictions, arguing that his trial counsel was ineffective by agreeing to a defective jury instruction. Bresnan also challenges the trial court’s admission of character propensity evidence, and that his convictions violate double jeopardy. The State responds, among other things, there was no double jeopardy violation because each charge was based on a separate act of delivery. COA #872885. King County Superior Court #23-1-00537-31 SEA.


City of Bellingham v. Amanda DeBruin, et al.


  • The City of Bellingham appeals the trial court’s orders denying their motion for summary judgment, partial summary judgment, motion for judgment as a matter of law, and motion for a new trial of DeBruin’s claim for negligent retention after a jury found that the City negligently retained a police officer and proximately causing damages to his, then wife, and his three children. COA #885502. Whatcom County Superior Court #20-2-00453-37.


State of Washington v. Allan Sherburne Zartuche (Anchor Case) 


  • Zartuche claims the trial court violated his due process rights and exhibited bias when it terminated him from drug court and sentenced him for several felony convictions. COA #878450. Snohomish County Superior Court #23-1-00061-31 (anchor).