Joshua Frost v. Ron Van Boening
Opinion
Opinion
Kozinski, J.
ORDER
In light of the Washington State Bar Association Office of Disciplinary Counsel’s dismissal of the grievance against Zachary C. Wagnild, ODC File No. 16-00470, the previous majority opinion and dissent filed March 21, 2016, and reported at 818 F.3d 469 , are WITHDRAWN and REPLACED by the attached unanimous amended opinion. The petition for rehearing en banc filed by the King County Prosecutor’s Office and Zachary C. Wagnild’s joinder in the petition for rehearing are ordered to be FILED as amicus briefs.
Future petitions for rehearing en banc will not be entertained from the filing of the amended opinion.
OPINION
In 2003, Joshua Frost was charged in state court with participating in an eleven-day spree of armed robberies and a burglary. Frost’s attorney wanted to argue during summation that the state hadn’t met its burden of proof and, in the alternative, that Frost committed the crimes under duress. The King County Superior Court erroneously refused to allow counsel to make these alternative arguments, so he chose to argue duress. The Washington Supreme Court held that the superior court’s error was harmless. State v. Frost, 160 Wash.2d 765 , 161 P.3d 361, 370-71 (2007)…