HeadsUp for Washington State: Court Opinions For Friday, December 20, 2013

HeadsUp for Washington State: Court Opinions For Friday, December 20, 2013

Friday, December 20, 2013 

To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance.

Division Two of the Court of Appeals filed 2 new published opinions on Friday, December 20, 2013:

1. State v. Walker

No. 41970-2
(December 20, 2013)
2013 Wash. App. LEXIS 2867 (lexis.com)

2013 Wash. App. LEXIS 2867 (Lexis Advance)


Brief: The defendant appealed his convictions, arguing that the “to convict” premeditated murder instruction violated his due process rights because it allowed the jury to convict him as an accomplice without proving that the principal committed all of the elements of the crime. The Court of Appeals held that, because accomplice liability law allows a jury to convict participants without unanimously determining which participants satisfied which elements of the crime, the jury instructions were not erroneous.

2. State v. Moore

No. 42707-9
(December 20, 2013)
2013 Wash. App. LEXIS 2866 (lexis.com)

2013 Wash. App. LEXIS 2866 (Lexis Advance) 


Brief: Failure to set trial within the time limits of CrRLJ 3. 3 required dismissal of the charges of driving under the influence. 

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