Legal Opinion
State v. Buzzell
Court of Appeals of Washington
Decided February 9, 2009No. 60012-5-IPublishedCited by 16 opinions
1Opinion of the CourtAppelwick, J.
¶1 A jury convicted David Buzzell of one count of indecent liberties. Buzzell presented evidence that the sexual contact was consensual. A criminal defendant is entitled to have the court instruct the jury upon his theory of the case, if sufficient evidence supports this theory. Buzzell was entitled to jury instructions on consent and the burden of proving consent. While it was error to deny the request for the instructions, the error was harmless. We affirm.
FACTS
¶2 In September 2006, David Buzzell temporarily moved into the home of his friend Melissa Morrison. At Morrison’s residence,…
2Cases cited19 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Neder v. United StatesSupreme Court of the United States · 1999
- State v. CamarilloWashington Supreme Court · 1990
- State v. WorkmanWashington Supreme Court · 1978
- State v. EasterWashington Supreme Court · 1996
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. EhrhardtCourt of Appeals of Washington · 2012
- State v. JarvisCourt of Appeals of Washington · 2011
- State Of Washington v. Jeremiah TeasCourt of Appeals of Washington · 2019
- State v. StacyCourt of Appeals of Washington · 2014
- State v. WrightCourt of Appeals of Washington · 2009
11 more not listed; retrieve them via the Exa API.