STATE v. KYLLO

No. 81164-4.

215 P.3d 177 (2009)

STATE of Washington, Respondent, v. Kenneth Lee KYLLO, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 3, 2009.


Attorney(s) appearing for the Case

Jeffrey Erwin Ellis, Ellis Holmes & Witchley PLLC, Seattle, for Petitioner.

Susan I. Baur, Michelle L. Shaffer, Cowlitz County Prosecutor's Office, Kelso, for Respondent.


MADSEN, J.

¶ 1 The defendant maintains that trial counsel was ineffective because counsel misstated the law on self-defense in an instruction counsel proposed that was given to the jury and in statements made during closing argument about Kenneth Kyllo's self-defense claim. We agree and accordingly reverse Mr. Kyllo's conviction for second degree assault. We remand for retrial.

FACTS

¶ 2 On June 12, 2004, while an inmate at the Cowlitz...

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