State v. O'Hara

¶39 (dissenting) — Although the majority persuasively argues the determination of whether a claimed error in a self-defense instruction is a “manifest error affecting a constitutional right,” RAP 2.5(a), must be answered on a case by case basis; I find myself in agreement with the Court of Appeals that this instructional error is indeed a “manifest error affecting a constitutional right” under these particular facts. State v. O’Hara, 141 Wn. App. 900, 174 P.3d 114 (2007), review granted, 164 Wn.2d 1002, 190 P.3d 55 (2008).

*110¶40 Ryan J. O’Hara was charged with one count of second degree assault…