State v. Wilburn
Court of Appeals of Washington
1Opinion of the CourtWorswick, J.
Leon Wilburn raised three assignments of error in this appeal from his conviction of second degree rape. The State filed no brief, and was precluded from offering oral argument by an order entered by our Commissioner. RAP 11.2(2). It is necessary, therefore, that we now consider not only the merits of Wilburn's contentions, but the present state of the law governing an appeal in which the respondent has defaulted.
CAROA 41(3), applicable before July 1, 1976, to appeals before this court, provided, in pertinent part:
If the respondent files no brief, the cause will be deemed submitted upon its…
Also in this document: Concurrence.
2Cases cited12 opinions
- State v. CampbellWashington Supreme Court · 1984
- Roscoe v. ArizonaSupreme Court of the United States · 1985
- State v. EscalonaCourt of Appeals of Washington · 1987
- State v. VasterWashington Supreme Court · 1983
- Foley v. SmithCourt of Appeals of Washington · 1975
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Adams v. Department of Labor & IndustriesWashington Supreme Court · 1995
- Brown v. Seattle Public SchoolsCourt of Appeals of Washington · 1993
- State v. EssexCourt of Appeals of Washington · 1990
- State v. GeorgeCourt of Appeals of Washington · 2011
- In the Matter of Guardianship of AtkinsCourt of Appeals of Washington · 1990
3 more not listed; retrieve them via the Exa API.