Legal Opinion
State v. Benn
Washington Supreme Court
Decided August 23, 2007No. 78094-3Published
1Opinion of the Court
165 P.3d 1232 (2007)
STATE of Washington, Appellant,
v.
Gary Michael BENN, Respondent.
No. 78094-3.
Supreme Court of Washington, En Banc.
Argued January 23, 2007.
Decided August 23, 2007.
Kathleen Proctor, Pierce County Prosecuting Atty Office, Tacoma, WA, for Appellant.
David Zuckerman, Attorney at Law, Seattle, WA, for Respondent.
OWENS, J.
¶ 1 We review a Court of Appeals' decision holding that Gary Benn's conviction for aggravated murder violates double jeopardy. We reverse the Court of Appeals' decision and hold that a jury's failure to find an aggravating factor during the penalty phase of a…
2Cases cited40 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
- Ring v. ArizonaSupreme Court of the United States · 2002
- Green v. United StatesSupreme Court of the United States · 1957
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