State v. Post

Citation118 Wn.2d 596,837 P.2d 599
Decision Date10 September 1992
Docket NumberNo. 57846-0,57846-0
PartiesThe STATE of Washington, Respondent, v. Charles William POST, Petitioner.
CourtUnited States State Supreme Court of Washington

It is hereby ordered that the opinion in the above cause, as the same appears at 118 Wash.2d 596, 826 P.2d 172, be changed as follows:

1. The paragraph beginning on the eighth line from the bottom of page 614, [first column, first full paragraph on page 183 of 826 P.2d] beginning with the words "The Court of Appeals invalidated" is deleted.

2. On the twenty-second line from the top of page 617, [second column, twelve lines from top of page 184 of 826 P.2d] the following sentence is inserted after the word "affirmed.":

Since the future dangerousness finding in this case is sufficient to uphold the exceptional sentence, it is unnecessary to review the Court of Appeals' decisions regarding the deliberate cruelty and zone of privacy aggravating factors.8

3. At the bottom of page 617, [at the bottom of page 184 of 826 P.2d] the following footnote is added:

/s/ Fred H. Dore

Chief Justice

APPROVED:

/s/ Robert F. Utter /s/ Smith

/s/ Brachtenbach /s/ Durham

/s/ Dolliver /s/ Guy

/s/ Andersen /s/ Johnson Justices.

8 The Court of Appeals invalidated the deliberate cruelty and zone of privacy aggravating factors. See 59 Wash.App. 389 at 398-402, 797 P.2d 1160 at 1165-1167.

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    • United States
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  • CJC v. Corporation of Catholic Bishop
    • United States
    • United States State Supreme Court of Washington
    • July 29, 1999
    ...not claim a privilege as to communications that do not originate in the confidence that they will not be disclosed." State v. Post, 118 Wash.2d 596, 612, 826 P.2d 172, 837 P.2d 599 (1992). A patient's intent that the communication be confidential must be reasonable in light of the circumsta......
  • State v. Scott
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    • Court of Appeals of Washington
    • December 27, 1993
    ...to justify a departure from the standard range is a question of law. Dunaway, 109 Wash.2d at 218, 743 P.2d 1237; State v. Post, 118 Wash.2d 596, 614, 826 P.2d 172, 837 P.2d 599 (1992); Spisak, 66 Wash.App. at 820-21, 834 P.2d 57. An aggravating factor is legally adequate to justify a senten......
  • State v. Quigg
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    • Court of Appeals of Washington
    • February 3, 1994
    ...are supported by the record is a factual inquiry; the court's findings will be upheld unless clearly erroneous. State v. Post, 118 Wash.2d 596, 614, 826 P.2d 172, 837 P.2d 599 (1992); State v. Estrella, 115 Wash.2d 350, 355, 798 P.2d 289 (1990). We conclude that each of the court's reasons ......
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