State v. Kruger
Court of Appeals of Washington
1Opinion of the CourtSweeney, J.
Effective assistance of counsel includes a request for pertinent instructions which the evidence supports. State v. Finley, 97 Wn. App. 129, 134, 982 P.2d 681 (1999). Here, there was ample evidence that Daniel Kruger was drunk when he “head butted” a police officer. Nonetheless, his lawyer did not ask for a voluntary intoxication instruction. And since we cannot say that the result would have been the same with or without the instruction, we reverse and remand for a new trial.
FACTS
Daniel R. Kruger showed up at Jennifer Kuntz’s house drunk. Mr. Kruger was obnoxious and rude to Ms. Kuntz. So…
Also in this document: Concurrence.
2Cases cited20 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- State v. McFarlandWashington Supreme Court · 1995
- State v. SalinasWashington Supreme Court · 1992
- State v. DelmarterWashington Supreme Court · 1980
- State v. RiceWashington Supreme Court · 1984
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3Cited by28 opinions
- State v. ThomasCourt of Appeals of Washington · 2004
- State v. ThomasCourt of Appeals of Washington · 2004
- State v. KrugerCourt of Appeals of Washington · 2003
- State v. LewisCourt of Appeals of Washington · 2007
- Wiggins v. StateCourt of Criminal Appeals of Alabama · 2014
23 more not listed; retrieve them via the Exa API.