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Division 1 Court of Appeals — Cases for 6/15/23

State of Washington v Christopher Miles Gates.

Dependency of K.S.T. Christopher Gates appeals from his convictions of second-degree intentional murder and second-degree felony murder, both with a firearm enhancement. He raises numerous claims of error on appeal, including that (1) his convictions must be reversed and the charges dismissed due to “government mismanagement,” (2) the trial court erred by declining to instruct the jury regarding justifiable homicide in resistance to a felony, (3) the trial court erred by erroneously admitting evidence in contravention of the Privacy Act, (4) the trial court erroneously admitted evidence of his prior robbery conviction, and (5) the prosecutor committed misconduct in closing argument. Gates also contends, and the State concedes, that the inclusion of the second-degree felony murder conviction in the judgment and sentence violates double jeopardy protections. COA # 832433. King County Superior Court #18-1-00829-4-SEA.


Dependency of KST. Father appeals the termination of his parental rights. COA #843931. King County Superior Court #20-7-01409-3 KNT.


In re the Marriage of: Donna M. Cochener v Christian T. Metcalfe. The trial court amended the parenting plan for the parties’ children. Metcalfe appeals, arguing the trial court abused its discretion in making several findings of fact and conclusions of law, and in establishing several of the provisions of the parenting plan. COA #832719. King County Superior Court #15-3-06715-3 SEA.


In the Matter of the Estate of Joseph P. Burroughs. Samuel Burroughs challenges several orders denying his motions for attorney fees and disgorgement of James Britain’s fees collected from the estate. He also challenges the court’s order that he pay attorney fees and argues the trial court abused its discretion in making several findings of fact and conclusions of law. Britain cross appeals various orders, including the dismissal of his TEDRA petition. COA #837745. Whatcom County Superior Court #18-4-00367-37.


State of Washington v Terrance John Irby. Irby appeals his first degree premeditated murder and first degree burglary convictions, arguing his Sixth Amendment rights were violated. Irby also challenges a pretrial order denying his motion to dismiss the criminal charges against him, arguing the trial court erred when it made several findings of fact and conclusions of

law. COA #830180. Skagit County Superior Court #05-1-00276-9.


State of Washington v Pereace E. Horton. Horton appeals the trial court’s order revoking her deferred sentence. COA #837699. King County Superior Court #18-1-07308-8 KNT.