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STATE v. CALDELLIS

No. 61316-2-I.

STATE OF WASHINGTON, Respondent, v. NOEL EVAN CALDELLIS, Appellant.

Court of Appeals of Washington, Division One.

Filed: July 20, 2009.

Attorney(s) appearing for the Case

Counsel for Appellant/Cross-Respondent, Washington Appellate Project, Attorney at Law, 1511 Third Avenue, Suite 701, Seattle, WA, 98101.

Thomas Michael Kummerow, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA, 98101-3635.

Noel Evan Caldellis (Appearing Pro Se) Counsel for Respondent/Cross-Appellant, Mary Kathleen Webber, Snohomish County Prosecutors Office, Msc 504, 3000 Rockefeller Ave, Everett, WA, 98201-4061.

UNPUBLISHED OPINION

LEACH, J.

Noel Caldellis challenges his convictions of first degree murder and two counts of second degree assault. He argues that (1) his custodial statement was improperly admitted at trial because he made an equivocal request for counsel before giving the statement, (2) the trial court erred in failing to give his proposed "no duty to retreat" instruction, (3) the first degree murder by extreme indifference to human life statute, RCW...

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