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State v. Michael Henderson #9560301

WA Supreme Court granted State's petition for review following a COA decision that reversed a Murder 2 conviction for the trial court's failure to give an excusable homicide jury instruction.

 

Court

WACDL will be filing an amicus brief on behalf of Mr. Henderson after the State's petition for review to the WSSC was accepted.

Issue

The COA in cause #75510-2-1 reversed a Murder 2 conviction due to the trial court's refusal to give an excusable homicide instruction. The state petitioned for review arguing that accident is not a defense to felony murder. This is contrary to established precedent on which the COA based its decision that an excusable homicide instruction is legally available if the evidence supports the argument that an accidental killing was precipitated by an act of self-defense.

WACDL Amicus Authors

Rita Griffith, Cynthia Young

Appellate Author

Marla Zink

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