STATE v. ALLEN

No. 86119-6.

294 P.3d 679 (2013)

176 Wn.2d 611

STATE of Washington, Respondent, v. Bryan Edward ALLEN, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 24, 2013.

As Amended February 8, 2013.


Attorney(s) appearing for the Case

Susan F. Wilk , Washington Appellate Project, Seattle, WA, for Petitioner.

Ann Marie Summers , Deborah A. Dwyer , Dennis John McCurdy , King County Prosecutor's Office, Seattle, WA, for Respondent.

Sarah A. Dunne , Nancy Lynn Talner , ACLU of Washington Foundation, Charles Christian Sipos , Perkins Coie LLP, Seattle, WA, amicus counsel for ACLU.

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.

Theodore J. Angelis , Marie E. Quasius , Ryan James Groshong, K & L Gates LLP, Robert S. Chang , Seattle University School of Law, David A. Perez , Perkins Coie LLP, Seattle, WA, amicus counsel for Fred T. Korematsu Center for Law and Equality.

Colette Tvedt , Schroeter Goldmark Bender , Seattle, WA, Gregory G. Little , Rebecca M. Bodony , White & Case LLP, New York, NY, amicus counsel for the Innocence Network.

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.


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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