State Of Washington v. Jesse Dean Lederle
73518-7
| Wash. Ct. App. | Oct 3, 2016Background
- On Feb. 23, 2015, Officer Curry observed a white pickup truck (later reported stolen) speeding with headlights out and an apparently damaged tire; Curry pursued and the truck stopped in a cul-de-sac.
- A male exited the truck and fled on foot; Curry described the suspect as Caucasian, medium height/build, wearing a shirt with bright white lettering—consistent with Lederle.
- Officers secured the area and summoned a K-9 unit. K-9 handler Jason Nyhus (16 years’ experience) deployed his dog Hyde, a certified police dog trained in human tracking and other tasks.
- Hyde tracked from the last-seen point across yards and located Lederle concealed in brush; Hyde bit Lederle during apprehension after verbal warnings and commands.
- Hyde subsequently tracked back to the truck, corroborating the route. Lederle suffered minor injuries; officers and witness testimony described an uncontaminated lawn and visible footprints along the track.
- Lederle was convicted of attempted to elude and possession of a stolen motor vehicle; he challenges admission of the dog-tracking evidence on appeal but did not object at trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission/foundation for dog-tracking evidence | State contends handler’s training, dog’s experience, uncontaminated lawn, observed footprints, and successful track provided adequate foundation | Lederle contends the State failed to establish proper foundation for admission of canine tracking evidence | Court declined to address foundation because Lederle failed to object at trial; admission reviewed as forfeited |
| Forfeiture/plain-error review for first-time evidentiary challenge | State argues failure to object at trial waives appellate review | Lederle asks appellate court to consider the foundational error now | Court refuses to consider issue raised for first time on appeal and finds no claim of manifest constitutional error to trigger RAP 2.5(a); conviction affirmed |
Key Cases Cited
- State v. Kirkman, 159 Wn.2d 918 (2007) (appellate courts generally will not consider evidentiary errors raised for first time on appeal)
- State v. Powell, 166 Wn.2d 73 (2009) (trial counsel’s failure to object prevents the court from correcting error and avoiding retrial)
- State v. Newbern, 95 Wn. App. 277 (1999) (failure to lay adequate evidentiary foundation for testimony is not a manifest constitutional error)