Opinion

State v. Brown

  • 147 Wash. 2d 330
  • 58 P.3d 889
  • 2002 Wash. LEXIS 595
Court
Washington Supreme Court
Filed
Sep 19, 2002
Status
Published
Author
Chambers
On the bench
Chambers, Ireland, Sanders
Cited by
259 cases
Authority
More cited than 16.0%

holding that erroneous accomplice liability instructions were not harmless for any charges against the defendants wherein the jury might have convicted on an improper understanding of the law

How later courts described this case

  • holding that erroneous accomplice liability instructions were not harmless for any charges against the defendants wherein the jury might have convicted on an improper understanding of the law
  • finding error where jury was presented with two competing interpretations of undisputed events and what those events meant about defendant's intent and the State repeatedly referenced the missing witnesses
  • holding erroneous accomplice liability instruction subject to harmless error analysis because "not every omission or misstatement in a jury instruction relieves the State of its burden"
  • misstating element of crime in jury instruction harmless only if it appears beyond a reasonable doubt that the error did not contribute to the verdict obtained

Written by the judges who cited it.

The opinion

Chambers, J.

(concurring in result) — Because I feel constrained by this court’s disposition in State v. Borrero, 147 Wn.2d 353 , 58 P.3d 245 (2002), I concur in result. However, I continue to adhere to the views I expressed in my Borrero concurrence/dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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