Todd Maybrown , Allen Hansen & Maybrown PS, Seattle, WA, amicus counsel for College and University Professors, Jennifer Devenport, Jennifer Dysart Geoffrey Loftus, Steven Penrod, Nancy Steblay, Gary Wells.
Suzanne Lee Elliott , Attorney at Law, Seattle, WA, amicus counsel for Washington Association of Criminal Lawyers.
Seth Aaron Fine , Snohomish County Prosecutor's Office, Everett, WA, Pamela Beth Loginsky , Washington Assoc. of Prosecuting Atty., Olympia, WA, amicus counsel for Washington Association of Prosecuting Attorneys.
Travis Stearns , Washington Defender Association, Seattle, WA, amicus counsel for Washington Defender Association.
Supreme Court of Washington, En Banc.
C. JOHNSON, J.
¶ 1 Petitioner Bryan Allen challenges his felony harassment conviction, raising three issues. The primary issue involves whether the trial court erred by not instructing the jury on the potential fallibility of cross-racial eyewitness identification. Based on the facts of this case, Allen cannot show the trial court violated his constitutional rights by refusing to give the cautionary instruction. A second...
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