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"On Sept.15, 2025, Seattle Municipal Court (SMC) Presiding Judge Anita Crawford-Willis issued an order on criminal motion regarding Delta 9 THC testing and analysis, having determined this issue to be of citywide significance per Seattle Municipal Court Local Rule, SMCLR 8.2.4. Per the order, an en banc panel of SMC Judges Damon Shadid, Andrea Chin, and Catherine McDowall" presided over an evidentiary hearing June 1-5, 2026, to determine: 1) whether the defendants whose blood was analyzed using the Delta 9 THC testing are entitled to a Frye hearing, and 2) regardless of admissibility under Frye, the results of the Delta 9 THC testing are sufficiently reliable under ER 702 to be admitted at trial. See En Banc Rulings - Courts | seattle.gov. The panel heard from three defense experts followed by City experts: Amanda Black, State Toxicologist; Brian Capron, Assistant Lab Division Commander; Chris Heartsill, NHTSA Midsouth Regional Toxicology Liaison; and Dr. Matt Slawson, NHTSA Northwest Regional Toxicology Liaison. This litigation was handled by your TSRPs Bradley Lane and Michelle Rutherford as well as Lead Assistant Seattle Prosecutor, Chris Karr.
On July 21,2026, the panel reached a decision and released two rulings, a majority ruling and a concurrence, summarily denying all defense claims. This litigation potentially affected 100's of THC DUI cases charged in the city of Seattle. Due to the robust record and pleadings, your TSRPs have assembled a litigation package that you can use in your own court to combat this challenge - you don't need to have another Frye hearing on this issue! Due to the size of the litigation package and the transcripts, your TSRPs can send these materials to you directly so reach out!
Cheers!
Brad and Michelle
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