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STATE v. EGGLESTON

No. 77756-0.

187 P.3d 233 (2008)

STATE of Washington, Respondent, v. Brian Thomas EGGLESTON, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 10, 2008.

Attorney(s) appearing for the Case

Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, WA, for Petitioner.

Pierce County Prosecutor's Office, John Michael Sheeran, Kathleen Proctor, Tacoma, WA, for Respondent.

MADSEN, J.

¶ 1 Brian Eggleston has been tried three times for Deputy John Bananola's murder. The first trial ended in a mistrial. In the second, the jury expressly found Eggleston not guilty of first degree murder but found him guilty of second degree murder. Using a special verdict form, the jury found Eggleston had not knowingly killed a police officer. Following an appeal, the conviction was vacated based on a number of trial errors. Eggleston was tried a...

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