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STATE v. CAUDLE

No. 64103-4-I.

STATE OF WASHINGTON, Respondent, v. BARRY MICHAEL CAUDLE, Appellant.

Court of Appeals of Washington, Division One.

Filed: July 19, 2010.

Attorney(s) appearing for the Case

Counsel for Appellant(s), Washington Appellate Project, Attorney at Law, 1511 Third Avenue, Suite 701, Seattle, WA, 98101.

Maureen Marie Cyr, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA, 98101-3635.

Barry Caudle (Appearing Pro Se), Doc #329224, Coyote Ridge Corrections Center, PO Box 769, Connell, WA, 99326-0769.

Counsel for Respondent(s), Prosecuting Atty King County, King Co Pros/App Unit Supervisor, W554 King County Courthouse, 516 Third Avenue, Seattle, WA, 98104.

Michael John Pellicciotti, Office of the King County Prosecuting At 516 3rd Ave, Seattle, WA, 98104-2385.

UNPUBLISHED OPINION

COX, J.

Article IV, section 16 of the Washington State Constitution prohibits a judge "from `conveying to the jury his or her personal attitudes toward the merits of the case' or instructing a jury that `matters of fact have been established as a matter of law.'"1 Here, because the "to convict" instruction in the trial against Barry Caudle implied that certain disputed facts had been established, it was an...

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