Legal Opinion

State v. Kelley

Washington Supreme Court

Decided January 21, 2010No. 82111-9PublishedCited by 58 opinions

1Opinion of the CourtMadsen, C.J.

¶1 The defendant challenges the Court of Appeals’ decision that double jeopardy principles are not violated by imposition of a firearm enhancement where use of a firearm is an element of the underlying offense. We affirm the Court of Appeals.

FACTS

¶2 On February 22, 2006, victim Beau Pearson was visiting Klaus Stearns at a trailer in the backyard of Petra *75Scholl’s house in Tacoma. Ms. Scholl is Stearns’ mother. Mr. Pearson’s girl friend, Valerie Greenfield, accompanied him and was sitting next to him on the bed in the trailer. Also present in the trailer was Kelly Kowalski, another friend of…

2Cases cited30 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blockburger v. United StatesSupreme Court of the United States · 1931
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. North Carolina v. PearceSupreme Court of the United States · 1969
  5. Ring v. ArizonaSupreme Court of the United States · 2002

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

3Cited by58 opinions

  1. State of Tennessee v. Glover P. SmithTennessee Supreme Court · 2014
  2. State v. ArndtWashington Supreme Court · 2019
  3. State v. KelleyWashington Supreme Court · 2010
  4. State v. AguirreWashington Supreme Court · 2010
  5. State v. AguirreWashington Supreme Court · 2010

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

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