introduction of physical abuse and propensity argument, we deem it necessary to address three other issues that are likely to reappear on remand. 1. Whether the court erred in admitting the CPS reports ¶42 Fisher alleges the trial court erred by permitting testimony and admitting CPS reports regarding alleged physical abuse of his current stepchildren. The Court of Appeals found Fisher “ ‘opened the door’ ” to the subject and therefore admission of rebuttal evidence was proper. Fisher, 2006 WL 2462183, at *3-4, 2006 Wash. App. LEXIS 2668, at *8. We agree with Fisher that the trial court abused its discretion in admitting the testimony. ¶43 The State may offer evidence of prior misconduct to rebut an assertion by the defendant. State v. Ciskie, 110 Wn.2d 263, 281, 751 P.2d 1165 (1988) (<HOLDING>). Where the defendant “opened the door” to a
holding the harmed victim need not be the victim of the offense of conviction holding defendants phone call to his exwife announcing his intent to kill the victim was not an unrelated act of misconduct and permissible to rebut defendants testimony that he did not threaten the murder victim holding counsels decision not to call unfriendly witnesses to suggest that a third party had motive to kill the victim was not deficient holding that the giving of a felony murder instruction is not a relevant mitigating circumstance when the defendant acted alone to kill the victim holding that defendants conduct was not unitary where his attempted robbery of the victim began after he completed the murder of the victims boyfriend