HeadsUp For Washington State - Oct. 21, 2013, Opinions

HeadsUp For Washington State - Oct. 21, 2013, Opinions

Monday, October 21, 2013 


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Division One of the Court of Appeals filed 1 new published opinion on Monday, October 21, 2013:

State v. Saunders

No. 68771-9

(October 21, 2013)

2013 Wash. App. LEXIS 2480  

Areas: CRIMINAL LAW

Brief: The Court of Appeals rejects the defendant's argument that his conviction for second degree kidnapping must be reversed under State v. Johnson, 172 Wn. App. 112 (2013), where the court held that the definition of “restrain” was an “essential element” of unlawful imprisonment that must be included in the charging document. Johnson does not control in the challenge to the to-convict instruction, the jury was not left guessing at the meaning of an element of the crime, and the State was not relieved of its burden of proof. 

 

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