State of Washington v. Richard Earl Kirkland, 34964-1

On Oct 13, 2015, E.J. robbed Catherine's in Silverdale; Beckstead-Braghetta followed from a McDonald's with the suspect.
E.J. wore black clothing, ski mask, and displayed a gun that appeared fake.
Kitt and Nace, Catherine's clerks, were robbed at gunpoint; money taken and suspect fled.
Investigators linked the suspect to Richard Kirkland (E.J.) via multiple witnesses and a girlfriend's statement.
A search of Kirkland's home recovered gloves, a handgun holster, a stolen checkbook, and drugs; girlfriend observed a fake gun.
Kirkland was convicted of first-degree robbery and two counts of second/third-degree possession of stolen property and sentenced to 56 months.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Hearsay admissibility of investigative statements	Kirkland argues inadmissible hearsay was admitted.	State contends hearsay was admissible for investigative context.	Hearsay admitted but not reversible error; not deficient performance.
Witness vouching and credibility testimony	Kirkland claims Beckstead-Braghetta’s assertion of truthfulness was impermissible.	State argues not improper vouching; testimony proper to witness credibility.	Not deficient performance; testimony did not require objection.

State v. Johnson, 61 Wn. App. 539 (Wash. App. 1991) (informant statements deemed inadmissible hearsay when used to infer guilt)
State v. Hudlow, 182 Wn. App. 266 (Wash. App. 2014) (out-of-court statements admitted only if relevant to issues; hearsay)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes two-prong ineffective assistance standard)
State v. Madison, 53 Wn. App. 754 (Wash. App. 1989) (trial tactics; non-deficient performance unless egregious)
State v. Johnston, 143 Wn. App. 1 (Wash. App. 2007) (trial strategy; failure to object can be strategic)
State v. West, 185 Wn. App. 625 (Wash. App. 2015) (deferential review of trial counsel performance)
State v. Hendrickson, 129 Wn.2d 61 (Wash. 1996) (explains Strickland prongs in Washington)
State v. McFarland, 127 Wn.2d 322 (Wash. 1995) (deficiency standard for counsel performance)
State v. Grier, 171 Wn.2d 17 (Wash. 2011) (standard for ineffective assistance review)