Legal Opinion

In Re the Personal Restraint of Mercer

Washington Supreme Court

Decided August 27, 1987No. 53334-2PublishedCited by 23 opinions

1Opinion of the CourtGoodloe, J.

By unpublished opinion the Court of Appeals granted the personal restraint petition filed by petitioner Terry Eugene Mercer. The petition alleged it was constitutional error not to have instructed the jury the State must prove the absence of excuse because sufficient facts had been presented to put the issue before the jury and that Mercer was actually and substantially prejudiced by the jury not being so instructed. We reverse.

On the afternoon of January 20, 1981, Kristal Mercer died following a massive blow which lacerated her liver. She was only 5 months old. She had been left alone that…

2Cases cited22 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  3. Engle v. IsaacSupreme Court of the United States · 1982
  4. Rose v. ClarkSupreme Court of the United States · 1986
  5. United States v. AddonizioSupreme Court of the United States · 1979

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

3Cited by23 opinions

  1. In Re DavisWashington Supreme Court · 2004
  2. In re the Personal Restraint of DavisWashington Supreme Court · 2004
  3. Crown Controls, Inc. v. SmileyWashington Supreme Court · 1988
  4. In Re the Personal Restraint of JeffriesWashington Supreme Court · 1988
  5. In Re the Personal Restraint of PetersCourt of Appeals of Washington · 1988

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

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