Legal Opinion

State v. Devlin

Court of Appeals of Washington

Decided October 27, 2011No. 29363-7-IIIPublishedCited by 3 opinions

1Opinion of the CourtKulik, C.J.

¶1 The question presented here is whether a substituted party for a deceased criminal defendant on appeal may proceed at public expense under the deceased’s order of indigency. We conclude that the substituted party, Christopher Devlin’s estate, must independently pursue an order of indigency under RAP 15.2(c).1 Accordingly, we vacate the order of indigency granted to Mr. Devlin and remand to the superior court for consideration of the indigency of Christopher Devlin’s estate. Under RAP 15.2(c), the substituted party must demonstrate that the issues on appeal have probable merit and that the…

Also in this document: Concurrence.

2Cases cited27 opinions

  1. Burgett v. TexasSupreme Court of the United States · 1967
  2. State v. ANJWashington Supreme Court · 2010
  3. State v. A.N.J.Washington Supreme Court · 2010
  4. State v. FitzsimmonsWashington Supreme Court · 1980
  5. State v. RobinsonWashington Supreme Court · 2005

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3Cited by3 opinions

  1. State Of Washington v. Thomas PleasantCourt of Appeals of Washington · 2019
  2. State of Tennessee v. Hassan Falah Al MutoryTennessee Supreme Court · 2019
  3. State of Tennessee v. Hassan Falah Al MutoryTennessee Supreme Court · 2019

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