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STATE v. SCHERF

No. 88906-6.

429 P.3d 776 (2018)

STATE of Washington, Respondent, v. Byron Eugene SCHERF, Appellant.

Supreme Court of Washington.

Filed November 8, 2018.

Attorney(s) appearing for the Case

Rita Joan Griffith , Attorney at Law, 4616 25th Avenue NE, PMB453, Seattle, WA 98105-4523, Mark A. Larranaga , Walsh & Larranaga, 705 2nd Avenue, Suite 501, Seattle, WA 98104-1715, for Appellant.

Seth Aaron Fine , Mary Kathleen Webber , Snohomish County Prosecutors Office, 3000 Rockefeller Avenue, Everett, WA 98201-4060, for Respondent.

Thomas W. Hillier, II , Perkins Coie, 1201 3rd Avenue, Suite 4900, Seattle, WA98101-3099, G. Ben Cohen , The Promise of Justice Initiative, 636 Baronne Street, New Orleans, LA 70113, Amy Weber , P.O. Box 17265, Chapel Hill, NC 27516, Amicus Curiae for The Charles Hamilton Houston Institute for Race & Justice, The Fair Punishment Project, The Promise of Justice Initiative.

¶ 1 While in prison serving a life without parole sentence, Byron Scherf murdered a prison guard. He was tried, convicted of aggravated murder, and sentenced to death. In his appeal, he raises multiple claims of error: procedural, statutory, and constitutional. Based on the holding of State v. Gregory, ___ Wash.2d ___,

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