Legal Opinion

In re the Personal Restraint of Andress

Washington Supreme Court

Decided October 24, 2002No. 71170-4PublishedCited by 137 opinions

1Opinion of the CourtMadsen, J.

— Personal restraint petitioner Shawn Andress was convicted of second degree felony murder. He *604urges this court to reconsider whether assault can serve as the predicate felony for second degree felony murder. We agree that the time has come to reassess this question. We conclude that in light of a change in the second degree felony murder statute that we have not previously considered in the context here and decisions that together illuminate the illogic of a conviction of second degree felony murder where assault is the predicate crime, assault cannot serve as the predicate felony for second…

2Cases cited30 opinions

  1. State v. WorkmanWashington Supreme Court · 1978
  2. People v. AaronMichigan Supreme Court · 1980
  3. In Re the Personal Restraint of CookWashington Supreme Court · 1990
  4. State v. BerlinWashington Supreme Court · 1997
  5. Commonwealth v. MatchettMassachusetts Supreme Judicial Court · 1982

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3Cited by137 opinions

  1. In re the Personal Restraint of CoatsWashington Supreme Court · 2011
  2. In Re HintonWashington Supreme Court · 2004
  3. State of Iowa v. Keyon HarrisonSupreme Court of Iowa · 2018
  4. In re the Personal Restraint of HintonWashington Supreme Court · 2004
  5. State v. GambleWashington Supreme Court · 2010

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