Legal Opinion

In re the Detention of Aston

Court of Appeals of Washington

Decided May 16, 2011No. 64264-2-IPublishedCited by 9 opinions

1Opinion of the CourtCox, J.

¶1 — James Aston Jr. appeals his civil commitment as a sexually violent predator (SVP). We hold that the State provided sufficient evidence to prove beyond a reasonable doubt that Aston committed a “recent overt act,” as defined by RCW 71.09.020(2), and is an SVP. Moreover, a unanimity instruction was not required for the jury to decide that he committed a recent overt act. The trial court did not abuse its discretion in denying his motion for a mistrial. Likewise, it did not abuse its discretion or violate his right to an impartial jury by setting time limits for voir dire. We affirm.

¶2…

2Cases cited22 opinions

  1. State v. PetrichWashington Supreme Court · 1984
  2. Matter of Personal Restraint of YoungWashington Supreme Court · 1993
  3. State v. ArmendarizWashington Supreme Court · 2007
  4. State v. ArmendarizWashington Supreme Court · 2007
  5. State v. ArndtWashington Supreme Court · 1976

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3Cited by9 opinions

  1. State v. HaqCourt of Appeals of Washington · 2012
  2. Eaden v. Estate of EvansCourt of Appeals of Washington · 2014
  3. Saunders v. MeyersCourt of Appeals of Washington · 2013
  4. Ent v. Washington State Criminal Justice Training CommissionCourt of Appeals of Washington · 2013
  5. Estate Of Calvin H. Evans, Sr., App. v. Sharon Eaden, Vicki Sansing, Res.Court of Appeals of Washington · 2014

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