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Case Law Update, Week Ending 11-19-10

By Aaron

The following criminal cases of note were decided this week: Washington State Law Washington State Supreme Court: In Re Personal Restraint of Francis: The Court held that there was a double jeopardy violation when Mr. Francis pled guilty to felony murder, first degree attempted robbery, and second degree assault, all arising from the same string of conduct. The Court reasoned that the State expressly relied on the second degree assault conduct to elevate the attempted robbery to the first degree when it charged the crimes, and so convictions on both charges violate double jeopardy protections. In response to the State?s argument that Mr. Francis waived his double jeopardy challenge by pleading guilty, the Court referenced its decision in State v...continue to full post

Full post as published by Washington State Criminal Defense on November 24, 2010 (boomark / email).