State Of Washington v. Brian M. Bassett
198 Wash. App. 714
| Wash. Ct. App. | 2017Background
- Bassett, convicted at 16 of three counts of aggravated first degree murder, received three life-without-parole sentences.
- Washington legislature enacted Miller-fix RCW 10.95.030(3) to require youth-focused factors before such sentences post-Miller.
- RCW 10.95.035(1) mandated resentencing for pre-2014 life-without-parole juveniles to Miller-compliant terms.
- Bassett sought resentencing under Miller fix and presented mitigation evidence of rehabilitation and life circumstances.
- Resentencing court imposed three consecutive life-without-parole terms, prompting Bassett’s constitutional challenge.
- Court treats appeal as a personal restraint petition and addresses whether the Miller-fix statute violates Washington’s cruel punishment clause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Miller-fix violates Washington Constitution cruel punishment clause | Bassett argues categorical bar under state constitution | State argues traditional Fain proportionality applies | Yes; Miller-fix unconstitutional under categorical bar analysis |
| Whether the case is reviewable as a PRP despite procedural defects | Bassett entitled to merits review | Should be treated under RAP 16.4 requirements | Yes; defect waived, merits reviewed under PRP framework |
| Appropriateness of applying categorical bar vs proportionality to Miller-fix | Categorical bar best reflects youth-protection aims | Follow Fain proportionality framework | Categorical bar analysis adopted; Miller-fix deemed unconstitutional on state grounds |
| Whether the resentencing court properly considered mitigation and rehabilitation | Mitigation evidence should weigh toward rehabilitation | Courts have discretion to weigh rehabilitation | Court did not abuse discretion; mitigation weighed against harsh outcome under Miller-fix |
| Effect of ruling on Bassett’s sentence and remand | Reverse and resentence consistent with opinion | Remand for resentencing with Miller considerations | Sentence reversed; remanded for resentencing consistent with categorical bar ruling. |
Key Cases Cited
- Miller v. Alabama, 132 S. Ct. 2455 (2012) (mandatory life without parole for juveniles unconstitutional; must consider youth factors)
- Roper v. Simmons, 543 U.S. 551 (2005) (juveniles are constitutionally different; death penalty inapplicable)
- Graham v. Florida, 560 U.S. 48 (2010) (life without parole for nonhomicide juveniles prohibited; focus on rehabilitation)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (Miller retroactive; rare irreparable incorrigibility required for LWOP)
- Sweet v. State, 879 N.W.2d 811 (2016) (categorical analysis informing state-level juvenile LWOP challenges)