CITY OF SEATTLE v. PATU

No. 71842-3.

58 P.3d 273 (2002)

147 Wash.2d 717

CITY OF SEATTLE, Respondent, v. Paul H. PATU, Petitioner.

Supreme Court of Washington, En Banc.

Decided November 7, 2002.

Reconsideration Denied January 14, 2003.


Attorney(s) appearing for the Case

Christine Jackson, Public Defender, for Petitioner.

Thomas A. Carr, City Attorney, Richard Greene, Asst. City Attorney, for Respondent.

Suzanne Elliott, David Donnan, Washington Appellate Project, Seattle, Amicus Curiae on Behalf of Washington Association of Criminal Defense Lawyers.


CHAMBERS, J.

We are asked to determine whether the invited error doctrine precludes consideration of the petitioner's complaint that an essential element was omitted from the jury instructions at his trial. We conclude that it does.

In November 1994, Paul H. Patu and his friend, J.T. Loveless, joined a group of late night revelers in Othello Park. Shortly thereafter, Seattle police responding to a complaint of noise investigated Loveless for an alcohol violation...

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