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WINCHESTER v. STEIN

No. 14819-6-II.

937 P.2d 618 (1997)

86 Wash.App. 458

Marlene WINCHESTER, Personal Representative of the Estate of Thelma Lund, deceased, Respondent, v. John Kenneth STEIN, a/k/a Jack Stein, and Michael Lynn Norberg, Appellants. The STATE of Washington, ex rel. Arthur D. CURTIS, Respondents, v. John Kenneth STEIN, also known as Jack Stein, Michael Lynn Norberg, Appellants, Gordon Wayne Smith, and Richard Douglas Bailey, Defendants.

Court of Appeals of Washington, Division 2.

May 23, 1997.

Attorney(s) appearing for the Case

Richard D. Bailey, Monroe, pro se.

Kenneth J. Selander, Seattle, for John Kenneth Stein.

John Aden Barlow, Walstead Mertsching Husemoen Donaldson & Barlow, Longview, for Marlene Winchester.

Gordon W. Smith, Walla Walla, for Michael Lynn Norberg.

Dennis Hunter, Clark County Deputy Pros. Atty., Vancouver, for State.

HOUGHTON, Chief Judge.

Jack Stein appeals from jury verdicts entered against him based upon wrongful death, survival, and criminal profiteering claims. We affirm all but a $250,000 civil penalty and remand for further proceedings.

INTRODUCTION

Stein, Thelma Lund, and Ned Hall were involved in a dispute regarding the last will and testament of Stein's father. In April 1987, Thelma Lund was strangled to death in

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