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STATE v. MITCHELL

No. 42044-5-I.

997 P.2d 373 (2000)

STATE of Washington, Respondent, v. Mathue Allan MITCHELL, Appellant.

Court of Appeals of Washington, Division 1.

As Amended on Grant of Reconsideration in Part April 17, 2000.

Attorney(s) appearing for the Case

Eric Broman, Nielsen Broman & Associates, Seattle, for Appellant.

Thomas Garvey Jr., Seattle, for Respondent.

APPELWICK, J.

Mathue Mitchell appeals his conviction of one count of third degree assault and two counts of fourth degree assault. Mitchell contends that the trial court erred when it ruled that the testimony of his expert witness regarding diminished capacity was inadmissible under State v. Ealmon, 28 Wn.App. 98, 621 P.2d 1310(1981), and alternatively, under ER 702 when read in light of...

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