STATE v. GILBERT

No. 95814-9.

438 P.3d 133 (2019)

STATE of Washington, Respondent, v. Jeremiah James GILBERT, Petitioner.

Supreme Court of Washington.

Filed April 4, 2019.


Attorney(s) appearing for the Case

Dennis W. Morgan , Attorney at Law, P.O. Box 1019, Republic, WA 99166-1019, for Petitioner.

David Quesnel , Klickitat County Prosecuting Attorney's, 205 S. Columbus Avenue, Room 106, Goldendale, WA 98620-9054, Jennifer Paige Joseph , King County Prosecutor's Office, 516 3rd Avenue, Suite W554, Seattle, WA 98104-2362, for Respondents.

Nancy Lynn Talner , Attorney at Law, Vanessa Torres Hernandez , ACLU of Washington, 901 5th Avenue, Suite 630, Seattle, WA 98164-2086, for Amicus Curiae (American Civil Liberties Union of Washington).

Melissa R. Lee , Jessica Levin , Robert S. Chang , Lorraine K. Bannai , Seattle University School of Law, 901 12th Avenue, Korematsu Center For Law & Equality, Seattle, WA 98122-4411, for Amicus Curiae (Fred T. Korematsu Center for Law and Equality).

Rita Joan Griffith , Attorney at Law, 4616 25th Avenue NE, PMB 453, Seattle, WA 98105-4523, Gregory Charles Link , Washington Appellate Project, 1511 3rd Avenue, Suite 610, Seattle, WA 98101-1683, for Amicus Curiae (Washington Association of Criminal Defense Lawyers).

Hillary Ann Behrman , Cindy Arends Elsberry , Washington Defender Association, 110 Prefontaine Place S, Suite 610, Seattle, WA 98104-2626, for Amicus Curiae (Washington Defender Association).


¶1 This case concerns the scope of discretion a judge has in resentencing pursuant to RCW 10.95.035. In 1992, when Jeremiah Gilbert was a juvenile, he was charged and convicted of aggravated murder, premeditated murder, and multiple other crimes. He was sentenced to life without parole for the aggravated murder along with a consecutive...

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