State v. Daley

(concurring)—In argument on the issue of the State's burden to prove the absence of self-defense, its counsel requested guidance in harmonizing the duty espoused in Mullaney v. Wilbur, 421 U.S. 684, 44 L. Ed. 2d 508, 95 S. Ct. 1881 (1975), with that set forth in Patterson v. New York, 432 U.S. 197, 53 L. Ed. 2d 281, 97 S. Ct. 2319 (1977). The majority has quite understandably declined the invitation, particularly since our Supreme Court has also declined to enter the fray when given the opportunity. See *59State v. Manuel, 94 Wn.2d 695, 619 P.2d 977 (1980); State v. Savage, 94 Wn.2d 569, 618…