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STATE v. STUDD

Nos. 65943-5, 65948-6, 65956-7, 65995-8, 65999-1, 66108-1.

973 P.2d 1049 (1999)

137 Wash.2d 533

STATE of Washington, Petitioner, v. Keith Bennett STUDD, Respondent. State of Washington, Respondent, v. Lee Ernest Cook, Jr., Petitioner. State of Washington, Respondent, v. Daun Leon Bennett, Petitioner. State of Washington, Respondent, v. Raymond D. McLoyd, Petitioner. State of Washington, Petitioner, v. William Henry Ameline, Respondent. State of Washington, Petitioner, v. Vincent Lavelle Fields, Respondent.

Supreme Court of Washington, En Banc.

Decided April 1, 1999.

Attorney(s) appearing for the Case

George Ahrend, Spokane, for Respondent Studd.

Eric Broman, Eric Nielsen, Seattle, for Petitioner Cook.

Kelly Curtin, Seattle, for Petitioner Bennett.

Kimberly Gordon, Seattle, for Petitioner McLoyd.

Kimberly Gordon, Shannon B. Marsh, Stella S. Buder, Seattle, for Respondent Fields.

Clayton Dickinson, Fircrest, for Respondent Ameline.

Honorable Jim Sweetser, Spokane County Prosecutor, Kevin Korsmo, Deputy, Spokane, for Petitioner State.

John Ladenburg, Pierce County Prosecutor, Barbara Corey-Boulet, Deputy, Tacoma, Jim Krider, Snohomish County Prosecutor, Breck Marsh, S. Aaron Fine, Deputies, Everett, Norm Maleng, King County Prosecutor, Brian McDonald, Deputy, Seattle, for Respondent State.

ALEXANDER, J.

The principal question that is presented by these six consolidated appeals is the same: Whether a jury instruction that erroneously states the law of self-defense furnishes a basis for a new trial when the erroneous instruction is requested by the defendant. The defendants, all six of whom were convicted at a jury trial, each argue that it was not made clear to jurors that a defendant need not be in actual...

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