Court of Appeals hears State v. Chicas Carballo on evidence, counsel rights and sentence

The Washington Court of Appeals, Division 2, heard argument in State v. Chicas Carballo, where defense counsel Chris Petrone urged reversal for a new trial or, at minimum, a new sentencing hearing based on three claimed errors. Petrone told the panel: "This court should reverse for a new trial or at the very least for a new sentencing hearing based on 3 errors." He framed the appeal around (1) alleged improper police opinion during a recorded interrogation, (2) limitations on defense counsel's closing argument, and (3) whether the longer sentence imposed after retrial reflects impermissible vindictiveness.

Deputy prosecuting attorney Theodore Cropley urged the court to affirm, summarizing the state's theory that the appellant traveled from Los Angeles and participated in a murder and that the interrogation produced inculpatory admissions. Cropley argued the admitted interview provided necessary context and noted the transcript spans about "100 pages of transcripts, multiple volumes," with the contested accusatory remarks forming a relatively small portion of that record. The panel asked focused questions about how to treat Supreme Court precedent and whether later opinions that cite non-presidential lead opinions bind the Court of Appeals.