Legal Opinion

State v. Van Atkins

Court of Appeals of Washington

Decided May 24, 2010No. 64975-2-IPublishedCited by 10 opinions

1Opinion of the CourtCox, J.

¶1 Phillip Atkins appeals his judgment and sentence, claiming that the information and “to convict” *803instruction for his felony harassment charge were deficient because crime. Because “true threat” is not an essential element of this charge and the court’s instructions included an explanation of that term, we reject this claim.

¶2 Atkins also argues that the knowledge instruction for third degree assault given in this case created an unconstitutional mandatory presumption. We agree but conclude that error was harmless beyond a reasonable doubt.

¶3 Atkins also claims that the State did not meet…

2Cases cited29 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Estelle v. McGuireSupreme Court of the United States · 1991
  3. County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
  4. Yates v. EvattSupreme Court of the United States · 1991
  5. State v. ThomasWashington Supreme Court · 2004

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3Cited by10 opinions

  1. State v. AllenWashington Supreme Court · 2013
  2. State v. Rattana Keo PhuongCourt of Appeals of Washington · 2013
  3. State v. AllenCourt of Appeals of Washington · 2011
  4. State v. AllenCourt of Appeals of Washington · 2011
  5. State v. HolzknechtCourt of Appeals of Washington · 2010

5 more not listed; retrieve them via the Exa API.

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