Legal Opinion

State v. Stivason

Court of Appeals of Washington

Decided August 22, 2006No. 33199-3-IIPublishedCited by 4 opinions

1Opinion of the Court

Van Deren, A.C. J.

¶1 Jeffery Guy Stivason appeals the trial court’s ruling that RCW 10.43.040 does not preclude state prosecution of a crime if the defendant had previously received only nonjudicial Uniform Code of Military Justice (U.C.M.J.) Article 15 military punishment for the same crime. We affirm.

FACTS

¶2 The federal government called Stivason, a member of the Washington Army National Guard, to active duty in September 2003. From mid-September 2003 to late February 2004, Stivason was stationed with his activated unit at North Fort Lewis, Washington.

¶3 On January 26, 2004, in Thurston…

2Cases cited20 opinions

  1. State v. JacobsWashington Supreme Court · 2005
  2. CJC v. Corporation of Catholic BishopWashington Supreme Court · 1999
  3. C.J.C. v. Corporation of Catholic BishopWashington Supreme Court · 1999
  4. Burton v. LehmanWashington Supreme Court · 2005
  5. State v. CaliguriWashington Supreme Court · 1983

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3Cited by4 opinions

  1. Duncan v. Alaska USA Federal Credit Union, Inc.Court of Appeals of Washington · 2008
  2. Duncan v. ALASKA USA FEDERAL CREDIT UNION, INC.Court of Appeals of Washington · 2008
  3. State v. GrayCourt of Appeals of Washington · 2009
  4. State v. GrayCourt of Appeals of Washington · 2009

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