Legal Opinion

State v. Torres

Court of Appeals of Washington

Decided July 27, 2009No. Nos. 61616-1-I; 62282-0-IPublishedCited by 7 opinions

1Opinion of the CourtCox, J.

¶1 Carlos Torres, a former Washington State Patrol trooper, appeals his conviction for first degree custodial sexual misconduct. The jury instruction defining “being detained” for purposes of the custodial sexual misconduct statute that Torres challenges correctly states the law. “Being detained” for purposes of the law means “restraint on freedom of movement to such a degree that a reasonable person would not have felt free to leave.” Moreover, there is sufficient evidence to support the jury’s verdict convicting Torres on the charge. Because we also reject the other arguments he makes on…

2Cases cited26 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. MendenhallSupreme Court of the United States · 1980
  3. Berkemer v. McCartySupreme Court of the United States · 1984
  4. Florida v. BostickSupreme Court of the United States · 1991
  5. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002

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3Cited by7 opinions

  1. State v. KelleyWashington Supreme Court · 2010
  2. State v. KelleyWashington Supreme Court · 2010
  3. State v. VarsCourt of Appeals of Washington · 2010
  4. State v. VarsCourt of Appeals of Washington · 2010
  5. Rebekah Shin v. City Of SeattleCourt of Appeals of Washington · 2020

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