Legal Opinion

State v. Schimelpfenig

Court of Appeals of Washington

Decided June 29, 2005No. 31012-1-IIPublishedCited by 13 opinions

1Opinion of the Court

¶[1 David Schimelpfenig appeals a banishment order imposed following his conviction for first degree murder.1 The order prohibits Schimelpfenig from residing in Grays Harbor County for the remainder of his life so as to protect the mental well-being of the murdered victim’s family. We vacate the order because it is not sufficiently tailored and therefore impermissibly infringes on Schimelpfenig’s right to travel.

Quinn-Brintnall, C.J.

FACTS

¶2 A jury found Schimelpfenig guilty of the first degree murder of Maijorie Benner. Schimelpfenig murdered Benner inside her Hoquiam, Grays Harbor County,…

2Cases cited18 opinions

  1. Shapiro v. ThompsonSupreme Court of the United States · 1969
  2. Schall v. MartinSupreme Court of the United States · 1984
  3. Larson v. StateSupreme Court of Florida · 1991
  4. State v. LeeWashington Supreme Court · 1998
  5. State v. LeeWashington Supreme Court · 1998

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

3Cited by13 opinions

  1. State v. SimsWashington Supreme Court · 2011
  2. State v. SimsWashington Supreme Court · 2011
  3. State v. EnquistCourt of Appeals of Washington · 2011
  4. State v. AlphonseCourt of Appeals of Washington · 2008
  5. State v. SimsCourt of Appeals of Washington · 2009

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

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