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Criminal Case Law Update, Week Ending 12-17-10

By Aaron

The following criminal cases of note were decided this week: Washington State Law Division One Court of Appeals: State v. Deer: The Court dismissed without prejudice due to the trial court?s error in allowing the State to amend the information in this case after the State had rested its case. The original information in this case had alleged that Ms. Deer had had ?sexual contact? with a minor rather than ?sexual intercourse,? thus alleging the elements of child molestation rather than child rape. The Court further found that the trial court erred in rejecting a proposed jury instruction which would have required the State to prove beyond a reasonable doubt that Ms. Deer had committed a volitional act, and instead instructed the jury that Ms...continue to full post

Full post as published by Washington State Criminal Defense on December 23, 2010 (boomark / email).