State v. Acosta

(dissenting) — Because I find self-defense does not negate the mental state element of knowledge required by the second degree assault statute, RCW 9A.36-.020(l)(b), nor does the statute define absence of self-defense as an element of the offense, I dissent.

Whether the State or the defendant bears the burden of proving self-defense is a reoccurring issue in Washington, as well as throughout the nation. See State v. McCullum, 98 Wn.2d 484, 656 P.2d 1064 (1983); State v. Savage, 94 Wn.2d 569, 618 P.2d 82 (1980); State v. Hanton, 94 Wn.2d 129, 614 P.2d 1280, cert. denied, 449 U.S. 1035 (1980);…