State Of Washington v. Philip G. Kong, 74972-2

Philip Kong, an attorney not licensed in Washington, was hired by Desh International in 2013 under an employment agreement that included a loan up to $10,000 and 40% of billed fees as compensation.
Kong handled most communication with client DF/Net on a corporate acquisition; Desh International invoiced DF/Net $17,725.82, instructing payment to the firm.
Kong instructed DF/Net to split payment into two checks: $17,000 payable to Kong (which he deposited) and $725.82 to Desh International; Desh later demanded a stop payment and reported threats from Kong.
The State charged Kong with first-degree theft and barratry; jury convicted on both counts and found special verdicts (major economic offense; egregious lack of remorse).
At trial the court excluded evidence that DF/Net contemplated suing Desh or sent a letter to the WSBA alleging RPC violations as collateral impeachment; defense argued this showed motive to fabricate.
Kong appealed claiming exclusion of impeachment evidence, prosecutorial misconduct in closing/sentencing, and juror misconduct; appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Exclusion of collateral impeachment evidence	Kong: court erred by excluding evidence that DF/Net contemplated suing Desh and complained to WSBA because it showed motive to fabricate	State: evidence was collateral, confusing, time‑wasting, and its probative value was substantially outweighed by prejudice	Court: no abuse of discretion; exclusion proper under ER 403 and collateral impeachment doctrine
Right to present a defense / Confrontation	Kong: exclusion violated constitutional right to present and confront witnesses	State: defendant had ample impeachment and cross‑examination opportunities; threshold relevance low but ER 403 applies	Court: reviewed de novo and found no constitutional violation; right not absolute and evidence was collateral
Prosecutorial misconduct in closing	Kong: prosecutor vouched for witness, commented on defendant not testifying, and misstated repayment timing	State: transcription error undermines some claims; other statements were proper argument or supported by record	Court: no prejudicial misconduct shown; remarks were permissible or not supported by record
Juror misconduct and trial fairness	Kong: juror fell asleep and a juror spoke with a witness; trial court failed to investigate adequately	State: court promptly investigated and jurors denied misconduct	Court: no abuse of discretion; record does not support juror misconduct allegations

State v. Darden, 145 Wn.2d 612 (discusses standard for admissibility and confrontation rights)
State v. Maupin, 128 Wn.2d 918 (right to present defense is not absolute; irrelevant evidence excluded)
State v. York, 28 Wn. App. 33 (exclusion of impeachment evidence of critical witness can be reversible)
State v. Whyde, 30 Wn. App. 162 (preclusion of impeachment on victim bias may be error)
State v. Oswalt, 62 Wn.2d 118 (collateral impeachment rule)