IN RE ELMORE

No. 70233-1.

172 P.3d 335 (2007)

In the Matter of the Personal Restraint Petition of Clark Richard ELMORE, Petitioner.

Supreme Court of Washington, En Banc.

November 21, 2007.


Attorney(s) appearing for the Case

Jeffrey Erwin Ellis, Ellis Holmes & Witchley PLLC, Seattle, WA, Meredith Martin Rountree, Owen & Rountree LLP, Austin, TX, for Petitioner/Appellant.

Michael T. Mitchell, Seattle, WA, Laura D. Hayes, Bellingham, WA, David Stuart McEachran, Bellingham, WA, for Appellee/Respondent.


MADSEN, J.

¶ 1 Petitioner Clark Elmore pleaded guilty to aggravated first-degree murder with special circumstances. The State proved the absence of sufficient mitigating circumstances justifying leniency to the satisfaction of the jury, and Judge David Nichols sentenced Elmore to death May 3, 1996. This court affirmed Elmore's conviction and sentence in State v. Elmore, 139 Wn.2d 250, 985 P.2d 289

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