STATE v. THOMAS

No. 53550-7.

109 Wn.2d 222 (1987)

743 P.2d 816

THE STATE OF WASHINGTON, Respondent, v. KERRY S. THOMAS, Petitioner.

The Supreme Court of Washington, En Banc.

October 8, 1987.


Attorney(s) appearing for the Case

Christine Wyatt, for petitioner.

C. Danny Clem, Prosecuting Attorney, and Reinhold P. Schuetz, Deputy, for respondent.


GOODLOE, J.

This case involves an allegation of ineffective assistance of counsel. Petitioner Kerry Thomas alleges that her assigned trial counsel failed to competently present a diminished capacity defense based on voluntary intoxication to a charge of attempting to elude a police vehicle. We agree and remand for a new trial.

On October 15, 1984, defendant Thomas imbibed numerous alcoholic drinks at the Blue Goose Tavern, in Kitsap County. The barmaid, Hurleen...

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