STATE v. RUSSELL

No. 84307-4.

249 P.3d 604 (2011)

STATE of Washington, Petitioner, v. Arthur C. RUSSELL, Respondent.

Supreme Court of Washington, En Banc.

Decided February 24, 2011.


Attorney(s) appearing for the Case

Russell Duane Hauge , Randall Avery Sutton , Kitsap Co. Prosecutor's Office, Port Orchard, WA, for Petitioner.

Bryan G. Hershman , Attorney at Law, Tacoma, WA, for Respondent.


FAIRHURST, J.

¶ 1 The Court of Appeals reversed Arthur C. Russell's conviction for first degree rape of a child (domestic violence) because the trial court admitted ER 404(b) evidence without sua sponte giving the jury a limiting instruction regarding the limited purpose for which the evidence was admitted. The State argues that the trial court was not required to give a limiting instruction absent a request for such an instruction. We reverse the Court of Appeals...

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