State v. Barry

f.:J..!-:..~ "" 8UPREME COURT, ITATIOI._..._ -I DATE JUN 0 4 2015~ ~¥· IN THE SUPREME COURT OF THE STATE OF WASHINGTON STATE OF WASHINGTON, ) ) Respondent, ) No. 89976-2 ) v. ) En Bane ) ROBERTEUGENEBARR~ ) ) Filed JUN 0 4 2015 Petitioner. ) ) WIGGINS, J.-Robert Barry appeals his conviction on two counts of child molestation, claiming that the trial court's instruction in response to a jury question violated his Fifth Amendment and Sixth Amendment rights under the United States Constitution. The jury asked the court whether it may consider "observations of the defendant's actions-demeanor…