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STATE v. MULLIN-COSTON

No. 73765-7.

95 P.3d 321 (2004)

152 Wash.2d 107

STATE of Washington, Respondent, v. Thomas MULLIN-COSTON, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 15, 2004.

Attorney(s) appearing for the Case

Christopher Gibson, Seattle, for petitioner.

Lee Davis Yates, Seattle, for respondent.

William Berggren Collins, Olympia, for Amicus Curiae (Atty. Gen.).

Debra Leigh Williams Stephens, Bryan Patrick Harnetiaux, Spokane, for Amicus Curiae (Wash. State Trial Lawyers Assoc. Foundation).

BRIDGE, J.

Thomas Mullin-Coston was convicted of premeditated first degree murder for his participation in the killing of 15-year-old Sarah Starling. In an earlier trial, Mullin-Coston's friend, Jason McDaniels, was convicted of second degree murder for his own role in Starling's death. Mullin-Coston argues that his jury inappropriately relied on McDaniels' premeditation to convict Mullin-Coston based on the law of complicity, even though McDaniels' jury concluded...

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