In State v. Monfort, a six justice majority of the Washington Supreme Court emphasized that prosecutors need only make a “subjective determination” about whether a defendant should be executed before filing the notice required to seek the death penalty at trial.  The Supreme Court criticized a trial court for “going beyond the question of whether the county prosecutor had his reasons” and striking a death penalty notice on the basis that the prosecutor’s investigation was inadequate.  Three justices concurred, agreeing that the death penalty notice should be reinstated, but argued that prosecutors must have an objectively reasonable basis for seeking the death penalty.

Continue Reading Washington Supreme Court Holds That Prosecutors May Seek The Death Penalty Without An Objectively Reasonable Basis For The Decision