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STATE v. TILTON

No. 72688-4.

72 P.3d 735 (2003)

149 Wash.2d 775

STATE of Washington, Respondent, v. Nathaniel E. TILTON, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 10, 2003.

Attorney(s) appearing for the Case

Nina Hodgson, Nathaniel Tilton, Bellingham, Nielsen, Broman & Assoc., Eric Nielsen, David Koch, Seattle, for petitioner.

David S. McEachran, Whatcom County Prosecutor, Eric Richey, Deputy, Bellingham, for respondent.

CHAMBERS, J.

Nathaniel E. Tilton, a juvenile, was charged with sexually molesting his younger brother. The younger boy testified that his older brother was asleep, and while sleeping had grabbed the younger boy's "private parts."

At trial the court tape recorder was accidentally not turned on when Tilton began to testify.1 Consequently, none of Tilton's direct testimony, and only a small portion of his cross-examination, was recorded...

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