Conviction for Possession of a Stolen Vehicle
Post 4840
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Jennifer L. Martin appealed her possession of a stolen vehicle conviction, arguing that the allowed testimony violated the confrontation clause and the trial court erred in denying her hearsay objection during trial. The State concedes that it failed to prove Martin’s criminal history. Martin alleged prosecutorial misconduct and ineffective assistance of counsel.
In State Of Washington v. Jennifer Lorriane Martin, No. 57915-4-II, Court of Appeals of Washington, Division 2 (July 9, 2024) the Court of Appeals affirmed her conviction.
FACTS
Pierce County Sheriff’s Department dispatched Deputy Carly Cappetto to investigate the report of a stolen vehicle. The vehicle’s owner reported that he spotted the vehicle and followed it to a U-Haul store. Cappetto was nearby and also observed the vehicle pull into the U-Haul store.
Cappetto observed Martin get out of the vehicle and walk over to a U-Haul truck. Cappetto approached the vehicle and confirmed that it was the stolen vehicle by checking the vehicle identification number. Martin was aware of Cappetto’s presence and kept looking over at her.
Cappetto observed Martin get into the U-Haul truck and drive through an alley. Cappetto followed them and waited for backup. The truck stopped at a nearby grocery store and Cappetto observed Martin get out of the truck and go inside the store.
A store employee approached the deputies and told them the individual they were looking for was in the restroom and had been in there the whole time. Cappetto located Martin in the restroom and arrested her. The State charged Martin with unlawful possession of a stolen vehicle.
THE TRIAL
During trial, Cappetto testified to the events that led up to Martin’s arrest. When testifying about looking for Martin inside the grocery store, Cappetto stated that a store employee approached the deputies and said, “the female [they] were looking for was located in the bathroom, and she had been in there ever since she came in.” Defense counsel objected, stating, “I object to her reporting hearsay from the store clerk that we can’t examine.” The trial court overruled the objection.
The jury found Martin guilty of unlawful possession of a stolen vehicle.
SENTENCING
At sentencing, the State only summarized Martin’s criminal history without providing evidence. Martin conceded that she had a prior felony conviction for escape but argued that it washed out.
The trial court concluded that the prior felony did not wash out and calculated her offender score as a one. The court imposed a low-end standard range sentence of two months. The court ordered Martin to pay $500 in restitution to the vehicle’s owner for damage to the vehicle.
ANALYSIS
Confrontation Clause
Neither a general objection nor a hearsay objection is enough to apply the Constitutional Right to Confrontation of Witnesses. During trial, Cappetto testified that while looking for Martin inside the store, a store employee approached the deputies. Additionally, Martin raised the issue of confrontation previously in her motion to suppress Wright’s statements and in so doing demonstrated awareness of the issue and ability to specifically raise it.
Hearsay
Martin next contended that the trial court abused its discretion in allowing Cappetto to testify to the grocery store clerk’s statement. “Hearsay” is a statement, other than one made by the declarant while testifying at trial, offered in evidence to prove the truth of the matter asserted. Generally, hearsay is not admissible unless an exception applies. An exception for present sense impressions and the declarant’s availability is immaterial.
A store employee approached the deputies and told them Martin was in the restroom and had been in there since she came in. This statement was made within minutes of the deputies starting their search for Martin and was based on the store employee’s observation of what was happening at the grocery store. The contemporaneous and spontaneous nature of the statement, including the timing, nature, and content, reduces the chance of misrepresentation or fabrication by the witness. Therefore, the statement was a present sense impression and an exception to the hearsay rule.
The court affirmed Martin’s conviction but accept the State’s concession regarding the sentencing error involving proving Martin’s criminal history, and remand for resentencing.
ZALMA OPINION
Criminals, like Ms. Martin, have by definition chutzpah or they wouldn’t commit crimes. Ms. Martin caught in the act operating a stolen vehicle when the owner can see her and call in the Sheriff’s office to arrest heR is less than an act of a wise person. She was caught in the act, arrested and then had the unmitigated gall to appeal based on non-existent objections and misstatements of the hearsay doctrine. He sentence was kind and a reasonable person, like Martin, with a criminal conviction history, including escape, should have accepted the sentence and left the court to deal with serious crimes, like insurance fraud.
(c) 2024 Barry Zalma & ClaimSchool, Inc.
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No Right to Subrogation Against Tenant
Post 5231
Not Fair to Require Tenant to Pay for Damage Insured by LandlordSee the video at https://lnkd.in/gFkrp_6M and at https://lnkd.in/gQdFQBWj and at https://zalma.com/blog plus more than 5200 posts.
See the video at and at
For Insurer to Subrogate Lease Must Require Tenant to Obtain Insurance for the Benefit of the Landlord
In AmGUARD Insurance Co. v. Tyrone Ellis and Shakyra Ellis, U.S. District Court, District of Connecticut Civil No. 3:25-cv-946 (JCH) (November 19, 2025), Judge, Janet C. Hall the defendant’s Motion to Dismiss the Amended Complaint on the basis of Connecticut’s anti-subrogation doctrine required dismissal.
KEY FACTS
Landlord Michael Caldwell, a Connecticut citizen, owned a multi-family building in Windsor, Connecticut. Defendants Tyrone and Shakyra Ellis were residential tenants in the building. On or about March 1, 2025, a fire ...
Debt Resulting from Fraud is Not Dischargeable in Bankruptcy
Post 5230
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Knowing Misappropriation and Conversion of Funds is Fraud
In re Matthew Jene Tubbs (Bankr. N.D. Tex., Fort Worth Div., No. 22-42728-MXM-7; Adv. No. 23-04019-mxm), October 15, 2025 .
Key Facts
Plaintiffs (Robles) and Defendant (Tubbs) met through their church; both held leadership roles. In Feb 2021 Robles home suffered major water damage from Winter Storm Uri and insurance paid $173,000.
In the Fall of 2021: Tubbs represented to Mr. Robles that he personally built a newer house and large barn on his parents’ property “with his own hands” (except foundation/insulation). That he had 10 years’ experience overseeing window/door installations at a major home-improvement chain, was a licensed contractor (false) and carried general contractor liability insurance.
Relying on ...
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ZIFL-Volume 29 Number 22
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post 5228
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/
Read the full 20 page issue of ZIFL at http://zalma.com/blog/wp-content/uploads/2025/11/ZIFL-11-15-2025-1.pdf
Man Bites Dog Story – Hertz Sues Alleged Fraudsters
Hertz Successfully Refuses to Pay Alleged Fraudulent Health Care Providers
Proactive Victim of Fraud Defeats Health Care Providers
More McClenny Moseley & Associates Issues
This is ZIFL’s thirty eighth installment of the saga of McClenny, Moseley & Associates and its problems with the federal courts in the State of Louisiana and what appears to be ...
The Professional Claims Handler
Post 5219
Posted on October 31, 2025 by Barry Zalma
An Insurance claims professionals should be a person who:
Can read and understand the insurance policies issued by the insurer.
Understands the promises made by the policy.
Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
Are competent investigators.
Have empathy and recognize the difference between empathy and sympathy.
Understand medicine relating to traumatic injuries and are sufficiently versed in tort law to deal with lawyers as equals.
Understand how to repair damage to real and personal property and the value of the repairs or the property.
Understand how to negotiate a fair and reasonable settlement with the insured that is fair and reasonable to both the insured and the insurer.
How to Create Claims Professionals
To avoid fraudulent claims, claims of breach of contract, bad faith, punitive damages, unresolved losses, and to make a profit, insurers ...
The History Behind the Creation of a Claims Handling Expert
The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster
When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.
I was initially sat at a desk reading a text-book on insurance ...
The History Behind the Creation of a Claims Handling Expert
The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210
This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster
When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.
I was initially sat at a desk reading a text-book on insurance ...
