In re the Personal Restraint of Cross
309 P.3d 1186
Wash.2013Background
- Cross pleaded guilty to killing his wife and two of her daughters in 2001 and was sentenced to death.
- He entered an Alford plea, asserting he did not admit guilt but acknowledged sufficient evidence exists.
- The trial court accepted the Alford plea after ensuring voluntariness, competence, and a factual basis per CrR 4.2(d).
- Cross challenged the plea in a personal restraint petition, arguing an Alford plea cannot support capital punishment.
- The court held that an Alford plea can support a capital sentence and denied relief on that issue.
- The court affirmed Cross’s death sentence and reserved other issues for separate opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether capital punishment can be predicated on an Alford plea | Cross contends Alford plea cannot support death sentence | State contends Alford plea can be basis if knowing, voluntary, and evidentiary basis exists | Yes; capital sentence may be predicated on an Alford plea |
| Whether the common law bar on no-contest pleas applies to Alford pleas | Cross argues historical bar should bar Alford plea in capital cases | State argues modern CrR 4.2(d) allows Alford with evidentiary basis | No; common-law bar does not apply to Alford pleas in capital cases |
| Whether the Plea was knowing and voluntary | Cross claims possible lack of knowing/voluntary basis | Record shows extensive colloquy; plea was knowingly and voluntarily given | Plea was knowing, voluntary, and intelligent; no withdrawal warranted |
| Whether statute/regulation disapproves Alford pleas in capital cases | Cross points to RCW provisions as restricting Alford pleas | No explicit statutory prohibition; Newton controls; legislature not shown disapproval | Legislature not shown to disapprove Alford pleas; Newton governs; plea valid |
Key Cases Cited
- State v. Newton, 87 Wn.2d 363 (1976) (establishes evidentiary basis requirement for Alford pleas)
- State v. A.N.J., 168 Wn.2d 91 (2010) (Alford plea standards: voluntary, competent, understanding of charge; evidentiary basis)
- In re Pers. Restraint of Mendoza Montoya, 109 Wn.2d 270 (1987) (test for understanding and voluntariness in restraint petitions)
- Hudson v. United States, 272 U.S. 451 (1926) (implied admission not enough for capital punishment; context cited for history of no-contest concepts)
- North Carolina v. Alford, 400 U.S. 25 (1970) (origin of Alford plea; defendant can plead guilty while contesting guilt)