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STATE v. McENROE

No. 89881-2.

333 P.3d 402 (2014)

181 Wn.2d 375

STATE of Washington, Petitioner, v. Joseph T. McENROE and Michele Kristen Anderson, Respondents.

Supreme Court of Washington, En Banc.

September 4, 2014.

Attorney(s) appearing for the Case

Andrea Ruth Vitalich , Scott Michael O'toole , James Morrissey Whisman , King County Prosecutor's Office, Seattle, WA, for Petitioner.

Kathryn Lund Ross , WA State Death Penalty Assistance Center, Leo J. Hamaji , Attorney at Law, William J. Prestia , Colleen E. O'Connor , David P. Sorenson , King County Department of Public Defense, Seattle, WA, for Respondent.

Suzanne Lee Elliott , Attorney at Law, Lila Jane Silverstein , Washington Appellate Project, Mark A. Larranaga , Walsh & Larranaga, Seattle, WA, Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

GORDON McCLOUD, J.

¶ 1 The State charged Joseph McEnroe and Michele Anderson with aggravated first degree murder and seeks a sentence of death for each of them. In January of this year, roughly five and a half years after the State filed its notices of intent to seek the death penalty, the trial court ruled that the absence of "`sufficient mitigating circumstances to merit leniency,'" RCW 10.95.060(4), is an essential element of the crime of capital murder in...

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