IN RE CALDELLIS

No. 89585-6.

385 P.3d 135 (2016)

IN RE the Personal Restraint of Noel Evan CALDELLIS, Petitioner.

Supreme Court of Washington, En Banc.

Filed December 15, 2016.


Attorney(s) appearing for the Case

Jeffrey Erwin Ellis , Law Office of Alsept & Ellis, 621 S.W. Morrison St., Ste. 1025, Portland, OR, 97205-3813, B. Renee Alsept , Attorney at Law, P.O. Box 61712, Vancouver, WA, 98666-1712, for Petitioner.

Mary Kathleen Webber , Snohomish County Prosecutor's Office, MSC 504, 3000 Rockefeller Ave., Everett, WA, 98201-4061, for Respondent.


¶ 1 Noel Caldellis shot into a crowd of people outside a party, killing one. He was charged with first degree murder "[u]nder circumstances manifesting an extreme indifference to human life" under RCW 9A.32.030(1)(b). The jury was given a to-convict instruction modeled on the relevant pattern jury instruction, which itself...

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