Legal Opinion
State v. Kinney
Court of Appeals of Washington
Decided February 14, 2005No. 53093-3-IPublishedCited by 11 opinions
1Opinion of the Court
¶1 — Naomi Kinney made repeated attempts to kill Timothy Bowman before she succeeded by shooting him. Kinney pleaded guilty to two counts of attempted murder and one count of murder. Pursuant to RCW 9.94A.589(l)(b), the court determined that the attempts, one by poisoning and one by smothering, were “separate and distinct” and accordingly ordered consecutive sentences. Kinney contends this violates Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 2536, 159 L. Ed. 2d 403 (2004), by increasing her punishment based on facts not found by a jury. But the relationship between the two *780crimes…
2Cases cited16 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Ring v. ArizonaSupreme Court of the United States · 2002
- Jones v. United StatesSupreme Court of the United States · 1999
- United States v. Calvin Wayne BucklandCourt of Appeals for the Ninth Circuit · 2002
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. CubiasWashington Supreme Court · 2005
- State v. CubiasWashington Supreme Court · 2005
- In Re Personal Restraint of VanDelftWashington Supreme Court · 2006
- In re the Personal Restraint of VanDelftWashington Supreme Court · 2006
- Vandergriff v. StateCourt of Appeals of Alaska · 2005
6 more not listed; retrieve them via the Exa API.