6 NO EVIDENCE DOCTRINE

GROUNDS FOR RELIEF  NO EVIDENCE DOCTRINE: THE TRIAL JUDGE MADE AN IMPROPER COMMENT ON THE EVIDENCE BY INSTRUCTING THE JURY THAT AS MATTER OF LAW HE HAD MADE AND INITIAL DETERMINATION THAT ALL EVIDENCE INTRODUCED AT TRIAL HAD MET HIS THRESHOLD STANDARD OF...

5 ACCOMPLICE LIABILITY INSTRUCTIONS

GROUNDS FOR RELIEF  THE ACCOMPLICE LIABILITY JURY INSTRUCTION GIVEN TO THE JURY IN THIS CASE RCW 9A.080.020 (3) (a) AND OTHER ACCOMPLICE LIABILITY INSTRUCTIONS ARE NOT APPLICABLE TO RCW 10.95.020 AND/OR RCW 9A.32.030 (1) (a) COMPOUNDED BY THE SEVERE LEGAL...

3 TWO CRIMES ON A SINGLE COUNT

GROUNDS FOR RELIEF  THE DEFENDANT-PETITIONER WAS TRIED AND CONVICTED OF MURDER IN THE FIRST DEGREE PREMISED ON TWO ALTERNATIVE SEPARATE AND DISTINCT CRIMES RCW 9A.32.020 (1) (a) AND RCW 9A.32.030 (1) (c) IN A SINGE COUNT OF THE INFORMATION WHICH IS LEGALLY...

2 DOUBLE JEOPARDY

GROUNDS FOR RELIEF  STATE AND FEDERAL DOUBLE JEOPARDY CLAUSES PROHIBIT IMPOSITION OF RCW 10.95.020 “AGGRAVATION OF PENALTY”  FACTORS FOLLOWING CONVICTION OF RCW 9A.32.030(1) MURDER IN THE FIRST DEGREE ENCOMPASSING THE SAME SUBJECT MATTER AGGRAVATING...

1 NON-EXISTENT CRIME OF AGGRAVATED MURDER

GROUNDS FOR RELIEF:                     THE TRIAL COURT LACKED COMPETENT JURISDICTION OVER THE SUBJECT MATTER OF THE NON-EXISTENT CRIME OF AGGRAVATED FIRST DEGREE MURDER WHICH WAS CHARGED ALONG WITH THE ALTERNATE CRIME OF FIRST DEGREE FELONY MURDER RESULTING AS ONE OF...