# State v. Barry

> Washington Supreme Court · June 4, 2015 · 183 Wash. 2d 297

URL: https://www.frixlaw.com/law-library/cases/4715432

## Case

- **Full name:** The State of Washington v. Robert Eugene Barry
- **Court:** Washington Supreme Court
- **Decided:** June 4, 2015
- **Citations:** 183 Wash. 2d 297; 352 P.3d 161
- **Precedential status:** Published
- **Opinion:** Concurrence by McCloud
- **Judges:** Fairhurst, González, Johnson, Madsen, McCloud, Owens, Stephens, Wiggins
- **Cited by:** 101 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4715432

## Opinion text

Gordon McCloud, J.
¶55 (concurring in dissent) — I agree with the dissent’s comprehensive explanation of why the court’s instruction violated Robert Barry’s right to a *326 verdict based solely on the evidence under the Sixth Amendment to the United States Constitution. I also believe that the comment violated Barry’s due process rights to both a fair trial and a trial based solely on the evidence under the Fourteenth Amendment to the United States Constitution. I therefore concur in the dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4715432. Public record. Not legal advice.