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STATE v. BUTLER

No. 100276-9.

521 P.3d 931 (2022)

STATE of Washington, Respondent, v. Chaz Robert BUTLER, Petitioner.

Supreme Court of Washington, EN BANC.

Filed December 22, 2022.

Attorney(s) appearing for the Case

Travis Stearns , Washington Appellate Project, 1511 3rd Ave. Ste. 610, Seattle, WA, 98101-3647, for Petitioner.

Ian Ith , King County Pros. Attorney's Office, 516 3rd Ave., Seattle, WA, 98104-2385, for Respondent.

Anton Robinson , Innocence Project, Inc., 40 Worth Street, Suite 701, New York, NY, 11213, Lara Zarowsky , Washington Innocence Project, P. O. Box 85869, Seattle, WA, 98145-1869, for Amicus Curiae on behalf of Washington Innocence Project.

Lara Zarowsky , Washington Innocence Project, P. O. Box 85869, Seattle, WA, 98145-1869, Anton Robinson , Innocence Project, Inc., 40 Worth Street, Suite 701, New York, NY, 11213, for Amicus Curiae on behalf of the Innocence Project, Inc.

¶1 Chaz Butler, a Black man, was convicted of assaulting two security officers in separate incidents at two Seattle light rail stations. One of the victims, who appears to be white, identified Butler as his assailant at trial. The victim had not made an out-of-court identification. Butler asked the trial court to instruct the jury...

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