IN RE HINTON

No. 73504-2.

100 P.3d 801 (2004)

152 Wash.2d 853

In the Matter of the Personal Restraint Petitions of Jesse HINTON, Sean Schaffer, Mitchell Royce, Nathaniel Haux, Robert Chong Wiggins, Audencio Acosta Chavez, Jovia D. Martin, Miguel Martinez, Samuel Matamua, Vance McGee, Aljeron Pleasant, Jason C. Twyman, and Oliver Menard Wright, Petitioners.

Supreme Court of Washington, En Banc.

Decided November 18, 2004.


Attorney(s) appearing for the Case

Jeffrey Ellis, Law Offices of Ellis Holmes & Witchley, Sheryl McCloud, David Zuckerman, Suzanne Elliott, Cohen & Iaria, Michael Iaria, Seattle, Suzan Clark, Vancouver, for Petitioners.

Gerald Horne, Pierce County Prosecutor, Alicia Burton, Deputy County Prosecutor, Tacoma, Steven Tucker, Spokane County Prosecutor, Kevin Korsmo, Deputy County Prosecutor, Spokane, Arthur Curtis, Clark County Prosecutor, Richard Melnick, Deputy County Prosecutor, Vancouver, Norm Maleng, King County Prosecutor, Ann Summers, James Whisman, Deputy County Prosecutors, Seattle, Edward Holm, Thurston County Prosecutor, Steven Sherman, Deputy County Prosecutor, Olympia, for Respondents.


MADSEN, J.

Each of the petitioners' convictions in these consolidated cases must be vacated in light of In re Personal Restraint of Andress, 147 Wn.2d 602, 56 P.3d 981 (2002). While the facts of each petitioner's conduct are immaterial to the legal questions we address in this opinion, we are aware that some of these cases involve horrifying conduct, and all involve heartbreaking loss of...

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