STATE v. DOW

No. 34802-1-11.

176 P.3d 597 (2008)

STATE of Washington, Appellant, v. Keith Ian DOW, Respondent.

Court of Appeals of Washington, Division 2.

February 5, 2008.


Attorney(s) appearing for the Case

J. Tobin Krauel, National Crime Victim's Law Institute, Portland, OR, Michelle Nisle, Cowlitz County Prosecuting, Kelso, WA, for Appellant.

John A. Hays, Attorney at Law, Longview, WA, for Respondent.


QUINN-BRINTNALL, J.

¶ 1 The State appeals an order dismissing first degree child molestation charges against Keith Ian Dow.

¶ 2 RCW 10,58.035 provides that a defendant's trustworthy statement may be admitted as substantive evidence when the alleged victim of a crime has died or is incompetent to testify at trial. Finding this statute unconstitutional, the trial court refused to apply it and required that the State prove corpus delicti through...

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