State v. Fitzsimmons

The United States Supreme Court, by a 5-to-4 vote, has granted a writ of certiorari in this case and vacated our judgment, found at 93 Wn.2d 436, 610 P.2d 893 (1980). We now respond to the Supreme Court's remand in its order requiring this court to consider whether Fitz-simmons "is based upon federal or state constitutional grounds, or both."

A review of the language of this court's opinion in Fitz-simmons affirms the decision's primary independent reliance on state court rule JCrR 2.11. State v. Fitzsimmons, supra at 441, 449. The court rules are promulgated as a matter of state law pursuant…