State of Washington v. Dennis Wayne Jussila

¶57 (dissenting in part) — While I agree with much of the outcome of the majority’s opinion, I part company with the discussion concerning the continued validity of State v. Hickman, 135 Wn.2d 97, 954 P.2d 900 (1998), in light of Musacchio v. United States, 577 U.S. _, 136 S. Ct. 709, 193 L. Ed. 2d 639 (2016). The question is not whether this court is overruling Hickman, something we have no power to do. Rather, the question is whether we follow Musacchio, something we are required to do. The majority sets up a false argument instead of addressing the actual question. Rather than asking…