Legal Opinion

State v. Dow

Washington Supreme Court

Decided February 11, 2010No. 81243-8PublishedCited by 25 opinions

1Opinion of the CourtC. Johnson, J.

¶1 This case involves a challenge to the application of RCW 10.58.035, a statute concerning the corpus delicti rule. RCW 10.58.035 permits a lawfully obtained and otherwise admissible statement of a defendant to be admitted when independent proof of the crime is absent, the alleged victim is dead or incompetent to testify, and the defendant’s statement is found trustworthy based on a nonexclusive set of statutory factors that a trial court must consider. The State charged Keith Ian Dow with one count of first degree child molestation. The trial court found the alleged victim, a three-year-old…

2Cases cited13 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Opper v. United StatesSupreme Court of the United States · 1954
  3. State v. KnapstadWashington Supreme Court · 1986
  4. United States v. Raul Lopez-AlvarezCourt of Appeals for the Ninth Circuit · 1992
  5. State v. AtenWashington Supreme Court · 1996

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3Cited by25 opinions

  1. State of Tennessee v. Courtney BishopTennessee Supreme Court · 2014
  2. State v. DernSupreme Court of Kansas · 2015
  3. State v. DowWashington Supreme Court · 2010
  4. State v. GreenCourt of Appeals of Washington · 2014
  5. State v. HummelCourt of Appeals of Washington · 2012

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