CB State v. Ollens - 1 Not only did Ollens stab the victim...

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State v. Ollens 733 P.2d 984 (Wash. 1987) Fact: Procedural Facts: Operative Facts: Ollen, after a robbery, stabbed a man 4 times, and then slashed his throat at least more than once with a double edge knife. Issue: Broad Question: Narrow Question: Would the Jury have enough evidence to suppose the stabbing and slashing action was premeditated? Rule: Premeditation: The deliberate formation of and reflection upon the intent to take a human life. And involves the mental process of thinking beforehand, deliberation, reflection, weighing or reasoning for a period of time, however short. Rational: Unlike other crimes mentioned such as strangling which only deals with 1 motion, there was 4 things the jury could look at.
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Unformatted text preview: 1) Not only did Ollens stab the victim, he also slashed the victim’s throat. 2) Knife was used in the killing, he had to procure the weapon 3) Evidence of Ollens struck the victim from behind, meaning he initiated the conflict. 4) Jury can find a motive, because Ollens just finished with a robbery. Holding: Yes, Jury would have the 4 items to look at above, to see if the defendant had premeditated the act of killing. Synthesis: Dissent/Concurrences: Justice Callow Concur Wanted to mention that just because there was a knife involve, does not mean it was procured for this incident, it could’ve been habitually on him....
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