WA Legal Roundup
Three opinions out of the Washington Supreme Court from Thursday, one from Div. I from today. My apologies for the delay, but a summary judgment hearing took precedent. You'll be happy to know I did what I set out to do.
Washington Supreme Court
Olympia's ordinance against littering is not in direct conflict with state law. Meth found within the area of the suspect's immediate control is admissible. No doozies there.
Another in the long line of Andress cases. For the first time in a long while, I disagree with the outcome.
The State charged second degree murder alternatively as intentional or felony. The jury only received instructions on felony-murder, and returned a conviction. The court held that this was not an acquittal of the intentional prong, and that the jury did not have a chance to fully consider it.
I tend to agree with the dissent, both as a gut feeling and from what I've seen in the other post-Andress cases:
That the State chose to instruct the jury on only one of the two charged alternate means is of no import since defendants were placed in jeopardy for each alternative means and jeopardy terminated on the intentional means when the jury was dismissed without a verdict on that charge.
Not to disrespect someone's name...but its close to five, and I'm a little punch-drunk. When I picture Carneh...I picture a sophisticated Carny.
Bob felt his life was spinning out of control. But it was just the tilt-a-whirl.
If you are Carneh and reading this, I mean no harm. It just popped into my head.
If you are insane and murder four people, you only stave off prosecution as long as you are insane. If you show signs of improvement, the State can refile and put you through more restorative therapy in hopes of getting you to a point where you can stand trial.
On second thought...maybe I shouldn't be making carny jokes about crazy quadruple killers.