The Washington Supreme Court filed three opinions before the long Independence Day weekend. All three garnered nine signatures for the majority with nary a dissent in sight.
Continue Reading United They Stand: Washington’s Supremes Celebrate Independence Day with a Trio of Unanimous Decisions
jury instructions
The Court Assumes that Husbands Know It’s Illegal to Hold their Wives Captive for 3 Days
In State v. Johnson, the Washington Supreme Court provided two rulings. First, it unanimously held that a charging document does not need to provide legal definitions of all the concepts within it to provide constitutionally sufficient notice to the defendant. Second, it ruled 7-2 that a jury must only be given a general criminal law definition of “reckless” to convict a defendant if it is also instructed as to the particular form of recklessness charged. Justice Gordon McCloud assumed her now customary role of dissenter to the second ruling.
Discretion Prevails: Trial Courts May Rule on Jury Instructions When Asked…or Not
In a unanimous decision, the Washington Supreme Court clarified Washington’s Criminal Court Rules by holding that it is within the trial court’s discretion to provide preliminary rulings on jury instructions during trial. The Court then affirmed Ronald Mendes’s second degree murder conviction after rejecting his argument that he was “compelled” to testify in his defense.
Continue Reading Discretion Prevails: Trial Courts May Rule on Jury Instructions When Asked…or Not