Legal Opinion

State v. Semakula

Court of Appeals of Washington

Decided November 10, 1997No. 39730-3-IPublishedCited by 26 opinions

1Opinion of the CourtBaker, C.J.

— Due process requires the State to prove all elements of a crime beyond a reasonable doubt. Convicted of unlawful possession of a firearm, Timosthy Semakula argues on appeal that the State should have been required to prove that he knowingly violated the unlawful possession statute. Because the State failed to present any evidence of guilty knowledge, Semakula claims that there was insufficient evidence to convict him.

A convicted felon’s knowledge that his right to gun ownership is statutorily prohibited is not an element of the crime of unlawful possession of a firearm. Although we may…

2Cases cited16 opinions

  1. Staples v. United StatesSupreme Court of the United States · 1994
  2. State v. GreenWashington Supreme Court · 1980
  3. United States v. X-Citement Video, Inc.Supreme Court of the United States · 1994
  4. State v. GoreWashington Supreme Court · 1984
  5. State v. CoriaWashington Supreme Court · 1992

11 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. State v. AndersonWashington Supreme Court · 2000
  2. State v. WilliamsWashington Supreme Court · 2006
  3. State v. WilliamsWashington Supreme Court · 2006
  4. State v. LeavittCourt of Appeals of Washington · 2001
  5. State v. LeavittCourt of Appeals of Washington · 2001

21 more not listed; retrieve them via the Exa API.

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