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STATE v. HACHENEY

No. 77767-5.

158 P.3d 1152 (2007)

STATE of Washington, Respondent, v. Nicholas Daniel HACHENEY, Petitioner.

Supreme Court of Washington, En Banc.

Decided May 31, 2007.

Attorney(s) appearing for the Case

John L. Cross, Cross & LaCross PLLC, Port Orchard, WA, for Petitioner.

Randall Avery Sutton, Kitsap Co Prosecutor's Office, Port Orchard, WA, for Respondent.

Jeffrey Erwin Ellis, Ellis Holmes & Witchley PLLC, Seattle, WA, for Amicus Curiae Wash. Ass'n of Criminal Defense Lawyers.

BRIDGE, J.

¶ 1 Dawn Hacheney's body was found badly burned after a fire destroyed part of the Hacheney home. The State eventually charged her husband, Nicholas Hacheney, with her murder. At trial, the State's experts presented evidence that Dawn was suffocated to death before the fire began. The jury found Nicholas Hacheney guilty of premeditated first degree murder. By special verdict, the jury also found that he committed the murder "in the course of" first...

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