[Download] "Washington V. Upton" by Division Two Court of Appeals of Washington * Book PDF Kindle ePub Free
eBook details
- Title: Washington V. Upton
- Author : Division Two Court of Appeals of Washington
- Release Date : January 07, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The defendant, Donald Upton, appeals from a conviction of second-degree assault with a special finding that he was armed with a deadly weapon. Five issues are presented on appeal: (1) whether a mistrial should have been declared after defendant was cross-examined about his failure to tell law enforcement officers he had acted in self-defense; (2) whether psychiatric opinion testimony was properly excluded; (3) whether defendant's testimony as to third-party statements regarding the victim's violent nature was properly excluded; (4) whether the defendant should have been provided with a copy of the victim's FBI "rap sheet"; and (5) whether the court's self-defense instruction was erroneous. For the reasons stated below, we find defendant was unduly prejudiced when the State brought his post-arrest silence regarding his claim of self-defense to the attention of the jury. The judgment and