David Allen

Allen, Hansen, Maybrown & Offenbecher P.S.


David Allen







Significant Appeals Handled By David Allen

State v. Mitchell, 159 Wn.App. 1049 (2011): Court of Appeals reversed felony conviction for voyeurism based on insufficent evidence to establish prima facie case.

In re Hubert, 138 Wn.App. 924 (2007):  Court of Appeals reversed conviction where original trial attorney provided ineffective assistance of counsel for client convicted of rape in the second degree.

State v. Nord, 134 Wn.App. 1015 (2006):  Court of Appeals reversed felony conviction for malicious mischief in the second degree upon determining that there was insufficient evidence to establish a prima facie case.

Hanna v. Riveland, 87 F.3d 1034 (9th Cir. 1996):  Habeas corpus appeal, jury instruction found to be unconstitutional; vehicular homicide case reversed by Ninth Circuit Court of Appeals.

U.S. v. Gaudin, 515 US 506 (1995):  United States Supreme Court held that "materiality" is to be decided by jury in perjury case, reversed conviction (argued by partner Richard Hansen).

State v. Dawkins, 71 Wn. App. 902 (1993): New trial affirmed in sexual molestation case on ineffective assistance of counsel, sexual molestation case dismissed on remand. 

Schwendeman v. Wallenstein, 971 F.2d 312, (9th Cir. 1992): Habeas corpus appeal, presumption of speed instruction ruled unconstitutional, vehicular assault case reversed by Ninth Circuit Court of Appeals.

Dever v. Fowler, 63 Wn. App. 35 (1991):  New trial granted on issue of jury instruction in Civil Rights case against police for false arrest.

Chau v. Seattle, 60 Wn. App. 115 (1991): Establishing collateral estoppel right to judgment against codefendant in civil proceeding.

Peterson v. Littlejohn, 56 Wn. App. 1, 781 P.2d 1329  (1989): Established that punitive damages and civil rights award proper in police false arrest case.

State v. Briggs, 55 Wn. App. 44, 776 P.2d 1347 (1989): Reversed rape conviction because of jury misconduct.

Mannhalt v. Reed, 847 F.2d 576 (9th Cir. 1988): Reversed extortion conviction because of conflict of interest by trial attorney and ineffective assistance of counsel.

State v. Kevin Coe, 109 Wn.2d 832, 750 P.2d 208 (1988): reversed rape conviction because of improper admission of hypnotically induced testimony (second appeal).

State v. Viney, 52 Wn. App. 507, 761 P.2d 75 (1988): Reversed child assault conviction because of improper admission of character evidence.

State v. Black, 109 Wn.2d 336, 745 P.2d 12 (1987): Reversed rape conviction because of improper introduction of rape trauma syndrome evidence.

State v. Hanson, 46 Wn. App. 656, 731 P.2d 1140 (1987): Reversed assault with intent to kill conviction on several grounds.  On remand, David Allen retried case which resulted in not guilty jury verdict.

United States v. Vasey, 834 F.2d 782 (9th Cir. 1987):  Reversed federal drug conviction because evidence should have been suppressed.

State v. Fitzgerald, 39 Wn. App. 652, 694 P.2d 1117 (1985): Reversed conviction in child rape case (tried by another attorney) involving a senior vice-president of Boeing on several grounds including improper expert opinion evidence.  Case dismissed by prosecution following remand.

State v. Kevin Coe, 101 Wn.2d 772, 684 P.2d 668 (1984): Reversed rape conviction of several grounds in case involving alleged Spokane “South Hill” rapist (first appeal).

State v. LeFever, 102 Wn.2d 777, 690 P.2d 574 (1984): Reversed robbery conviction because of introduction of evidence of drug use.

State v. Negrin, 37 Wn. App. 516, 681 P.2d 1287 (1984): Reversed manslaughter conviction (first trial handled by a different attorney) because of improper jury instruction.  On remand, case retried by David Allen and resulted in not guilty jury verdict and award of attorney's fees.

State v. Steward, 34 Wn. App. 221, 660 P.2d 278 (1983): Reversed murder conviction because of improper expert testimony.

State v. Manuel, 94 Wn.2d 695, 619 P.2d 977 (1980): Established right to recover attorney's fees in self defense case following not guilty verdict in second degree murder case tried by David Allen.

State v. Shipp, 93 Wn.2d 510, 610 P.2d 1322 (1980): Reversed promoting prostitution conviction because of improper instruction creating unconstitutional inference, case dismissed on remand.

In Re Grand Jury Proceedings v. Lawson, 600 F.2d 215 (9th Cir. 1979): Court held that attorney was justified in refusing to testify before federal grand jury about source of legal fees; contempt citation vacated.

State v. Boogard, 90 Wn.2d 733, 585 P.2d 789 (1978): Reversed theft conviction because of improper pressure applied by judge on jury to reach verdict, case dismissed on remand.

State v. Wanrow, 88 Wn.2d 221, 559 P.2d 548 (1977): Amicus curiae, reversing murder conviction in battered woman's self defense case.

State v. Alcantara, 87 Wn.2d 393, 552 P.2d 1049 (1976): Reversed auto theft conviction because of improper jury instruction which created an unconstitutional presumption, case dismissed on remand.

Spence v. Washington, 418 U.S. 405, 41 L.Ed.2d 842, 94 S.Ct. 2727 (1974), also, State v. Spence (Court of Appeals), 5 Wn. App. 752, 490 P.2d 1321 (1971): Invalidating Washington's desecration of flag statute.

Workman v. Mitchell, 501 F.2d 1201 (9th Cir. 1973): Civil rights appeal establishing prisoner's rights. 

Tabor v. Moore, 81 Wn 2d 613, 503 P.2d 736 (1972): Civil rights action regarding pre-trial detention. 

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