State of Washington v. Eddie James Davis

CourtCourt of Appeals of Washington
DecidedNovember 6, 2025
Docket40181-2
StatusUnpublished

This text of State of Washington v. Eddie James Davis (State of Washington v. Eddie James Davis) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Washington v. Eddie James Davis, (Wash. Ct. App. 2025).

Opinion

FILED NOVEMBER 6, 2025 In the Office of the Clerk of Court WA State Court of Appeals, Division III

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE

STATE OF WASHINGTON, ) No. 40181-2-III ) Respondent, ) ) v. ) UNPUBLISHED OPINION ) EDDIE JAMES DAVIS, ) ) Appellant. )

MURPHY, J. — A jury found Eddie James Davis guilty of second degree rape.

He was subsequently sentenced to life imprisonment as a persistent offender. Davis

appeals, alleging: (1) ineffective assistance of counsel when his trial attorney did not

impeach the complaining witness with prior criminal convictions, (2) the trial court

abused its discretion when it admitted testimony from a law enforcement officer about

prior contact that officer had with Davis during a criminal investigation unrelated to

Davis’s charged crime, and (3) the trial court improperly imposed a sentence based on

findings made by the sentencing court rather than a jury.

We affirm the conviction and sentence.

BACKGROUND

Law enforcement responded to the women’s mission at the Tri-City Union Gospel

Mission in Pasco regarding the theft of a virtual reality headset. A resident at the mission’s No. 40181-2-III State v. Davis

homeless shelter reported the headset was missing and suspected her roommate, H.G., 1

had taken the headset. While questioning H.G. about the theft, H.G. disclosed she had

been raped by “Eddie” at the Tahitian Inn in Pasco. 1 Rep. of Proc. (RP) (Sept. 8, 2023)

at 270. The investigation shifted to the alleged rape. H.G. was not charged with the theft

of the headset.

Law enforcement went to the Tahitian Inn and confirmed through video

surveillance footage that H.G. had been inside Davis’s room, noting the duration she

was in his room, and other comings-and-goings. Search warrants were executed to search

Davis’s room and obtain a DNA sample from Davis. Davis was arrested and agreed to

speak with law enforcement. Davis conceded he had sex with H.G. but said it was

consensual based on an “agreement for sex,” although the terms of the agreement were

not disclosed. 1 RP (Sept. 11, 2023) at 500. Once in custody, law enforcement utilized a

buccal swab to obtain a sample of Davis’s DNA.

Concurrently, a sexual assault kit was performed on H.G. at a medical facility.

H.G. was interviewed about the sexual assault by law enforcement, with her person and

body photographed, and her clothing was collected as evidence.

1 To protect the privacy interests of the victim in this case, we use her first and last name initials throughout the body of this opinion. Gen. Order 2023-2 of Division III, In re Matter of Victim Initials (Wash. Ct. App. Sept. 22, 2023), https://www.courts.wa. gov/appellate_trial_courts/?fa=atc.genorders_orddisp&ordnumber=2023_3&div=III.

2 No. 40181-2-III State v. Davis

Davis was charged with second degree rape. The State subsequently provided

notice that, pursuant to the Persistent Offender Accountability Act (POAA),

RCW 9.94A.030, .555, .570, it intended to seek a sentence of total confinement for life

without the possibility of release.

Defense theory of the case

In opening statements, both the State and Davis informed the jury that the facts

would show that H.G. was a drug addict and transient.

Defense counsel went on to tell the jurors during opening that H.G. came to

Davis’s room to “score drugs” by way of exchanging sex for drugs. 1 RP (Sept. 8, 2023)

at 256. As soon as H.G. secured drugs from Davis, she went into the bathroom and used

them. When H.G. came out of the bathroom, she was acting “paranoid,” and was “high”

and “hallucinating.” 1 RP (Sept. 8, 2023) at 257-58. “[T]hey tried to have sex but it [was]

not happening.” 1 RP (Sept. 8, 2023) at 258. When having sex did not work, Davis told

H.G. she owed him money for the drugs and H.G. then left. “Within the hour she’s being

accused of stealing something. She owes [Davis] money. And she’s busted stealing

something.” 1 RP (Sept. 8, 2023) at 258. “[W]hile she’s explaining what happened, she

says, ‘And by [the] way, I was raped about an hour ago.’” 1 RP (Sept. 8, 2023) at 259.

The defense theory was that H.G. only claimed she was raped to divert attention away

from herself and the theft investigation.

3 No. 40181-2-III State v. Davis

Similar to opening statements, during closing argument Davis’s counsel told the

jury that the sexual assault allegation was made up by H.G. to divert law enforcement’s

attention away from the theft investigation, and the entire case was really about “[s]ex for

drugs.” 1 RP (Sept. 12, 2023) at 549-50.

ANALYSIS

Assistance of counsel

On appeal, Davis argues his counsel was ineffective for not impeaching H.G. with

her criminal history.

Prior to trial, the prosecuting authority disclosed H.G.’s criminal history, which

included convictions for the following crimes of dishonesty: (1) attempted second degree

theft in 2008, (2) taking a motor vehicle without permission in 2019, (3) third degree

theft in 2022, and (4) attempted theft of a motor vehicle in 2022. A pending false

statement charge was also disclosed. In a pretrial hearing, the State moved in limine to

prohibit the introduction of any crimes beyond the 10-year time limit for admissibility in

ER 609(b), and exclude reference to a pending criminal charge under ER 609(a) as there

was, as yet, no conviction. Addressing all of H.G.’s disclosed prior criminal history,

Davis’s counsel responded to this motion in limine with the following:

[DEFENSE COUNSEL]: Judge, usually I don’t dwell on crimes of dishonesty. I may ask a question if they have a conviction, and I don’t get into the specifics of the conviction.

4 No. 40181-2-III State v. Davis

This particular case arose out of a theft investigation from [H.G.] that she was being investigated. I think both of us can agree that there’s no way of getting out of that being brought forward. With that being in front of us, I’m not going to—and I’ll give proper notice if I end up changing my mind, which would mean simply thrown out there that there was another conviction, that 20% that I might do that. I will let the Court know and the state know, but very unlikely that I will bring those old ones in. I’ll be content with the fact right there, the arrest was a theft, and I’ll let the jury keep that as part of the dishonesty part, prong.

1 RP (Sept. 6, 2023) at 9 (emphasis added).

Davis claims his counsel performed deficiently by “depriving the [j]ury from

having a full picture of H.G.’s credibility.” Appellant’s Opening Br. at 24 (citing Reynoso

v. Giubino, 462 F.3d 1099, 1118 (9th Cir. 2006)). Davis contends that, with a lack of

physical evidence being present to support that he committed a crime, he was prejudiced

at trial because the credibility of witnesses was a critical component to his defense,

especially so because a conviction would be a third strike offense under the POAA. The

State points out that it did not hide the fact that law enforcement’s investigation in this

case began with a theft allegation levied against H.G., and if Davis’s counsel had cross-

examined H.G. on her criminal history “[t]he jury may have viewed [H.G.’s] history of

theft-related crimes not as a moral failing, but as the product of her [substance abuse]

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