WA Supreme Court: For the First Time Ever A Court Explains a Mixed Opinion
Why is this opinion significant? Well, its not that it has to do with the murderer Maurice Clemmons. Rather, it has to do with a Court explaining up front the rulings in a plurality opinion! Okay, well this isn’t a true plurality, because each issue had more than 4 votes…so its a mixed opinion. But still…this is good:
This opinion, which has four votes, would hold that the State presented sufficient evidence to support the firearm possession convictions. However, that is not the opinion of the majority. On the second issue, the court with eight votes finds that the trial court's imposition of an exceptional sentence as to Davis' and Nelson’s convictions for rendering criminal assistance is not legally justified. Thus, the result of the three opinions of the court is to reverse the Court of Appeals and remand for further proceedings.
Oh yeah, if you’re in criminal, you may with to read this opinion for the exceptional sentence bits. Kudos to Justice Mary E. Fairhurst for the clarity.
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.