Legal Opinion · Dissent

State v. Bauer

Court of Appeals of Washington

Decided March 8, 2013No. 43511-0-IIPublished

1DissentBridgewater, J.

¶45 * (dissenting) — The majority upholds the trial court’s denial of Bauer’s Knapstad motion to dismiss the charge against him. State v. Knapstad, 107 Wn.2d 346, 729 P.2d 48 (1986). I do not downplay the hazard to others by keeping loaded firearms around children or the damage done to the injured victim, another child. But even in the face of tragedy, this is a case involving potential criminal liability and imprisonment. As such, we are bound to strictly construe the law, not to stretch it to fit the exigencies of the situation. Because the majority impermissibly extends the law of criminal…

2Cases cited26 opinions

  1. McDonald v. City of ChicagoSupreme Court of the United States · 2010
  2. Hartley v. StateWashington Supreme Court · 1985
  3. State v. JacobsWashington Supreme Court · 2005
  4. King v. City of SeattleWashington Supreme Court · 1974
  5. State v. KnapstadWashington Supreme Court · 1986

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