STATE v. TINKHAM

No. 27887-8-I.

74 Wn. App. 102 (1994)

871 P.2d 1127

THE STATE OF WASHINGTON, Respondent, v. JOHN N. TINKHAM, Appellant.

The Court of Appeals of Washington, Division One.

May 2, 1994.


Attorney(s) appearing for the Case

Suzanne Lee Elliott of Washington Appellate Defender Association, for appellant.

David R. Needy, Prosecuting Attorney, and K. Garl Long, Deputy, for respondent.

Kenneth E. Himma on behalf of American Civil Liberties Union, amicus curiae.


GROSSE, J.

John Tinkham appeals the exceptional sentence imposed for his convictions for first degree rape of a child and first degree kidnapping.

The determinative issue on appeal is whether the trial court properly prohibited defense counsel from advising Tinkham with regard to his Fifth Amendment privilege against self-incrimination as that privilege arose during the course of a court ordered evaluation by a mental health officer on the issue of future...

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