Legal Opinion

State v. Freeburg

Court of Appeals of Washington

Decided March 26, 2001No. 44294-5-IPublishedCited by 25 opinions

1Opinion of the CourtEllington, J.

The chief issue in this case is whether evidence of possession of a weapon at the time of arrest was *495properly admitted as evidence of flight. Because we hold that in this case it was not, and constituted prejudicial error, we reverse and remand for a new trial. We also address the instructions on self-defense because use of the standard instructions may result in error.

FACTS

At approximately 1:00 in the morning on November 17, 1994, Jose Rodriguez was shot and killed in the Seattle apartment where he lived with his girl friend, Darlene Martinez. According to Martinez, Scott Freeburg pounded on…

2Cases cited27 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. United States v. Larry Allen MyersCourt of Appeals for the Fifth Circuit · 1977
  3. State v. SwanWashington Supreme Court · 1990
  4. State v. PowellWashington Supreme Court · 1995
  5. State v. RupeWashington Supreme Court · 1984

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

3Cited by25 opinions

  1. State v. KylloWashington Supreme Court · 2009
  2. State v. KylloWashington Supreme Court · 2009
  3. State v. NordlundCourt of Appeals of Washington · 2002
  4. State v. NordlundCourt of Appeals of Washington · 2002
  5. State v. WoodsCourt of Appeals of Washington · 2007

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

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