Division III: Standard Conviction Instruction is Still Standard
You have to love it when an opinion starts with snark:
“We thought that this issue was resolved."
It mainly has to do with the fact that the duty to convict instruction has been deemed proper:
If you find from the evidence that each of these elements has been provedbeyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
Now the real question here is why the Court decided to publish this opinion. If its resolved law, this does little to add to the conversation. My best guess is, given that they round up all the division approvals of the instruction, that they are hoping a denial of review by the supreme court puts the nail in the coffin. But given that this is a Washington Pattern Jury Instruction, it seems unnecessary.
While the lawyers at Issaquah Legal Services do not currently practice criminal law, we expect to add an Issaquah Attorney practicing in the area soon. In the meantime, please contact us for a referral to other qualified attorneys.