State Of Washington v. Darcus D. Allen
48384-0
| Wash. Ct. App. | Oct 25, 2017Background
- Darcus Allen was tried on four counts of first-degree premeditated murder; the State alleged statutory aggravating circumstances under RCW 10.95.020 and sought the death penalty.
- The jury convicted Allen of the murder counts but unanimously found the State had not proven the aggravating circumstances beyond a reasonable doubt; no penalty-phase jury findings occurred.
- Allen’s convictions were later reversed by the Washington Supreme Court for prosecutorial misconduct; on remand the State refiled the same aggravating circumstances but did not seek the death penalty.
- Allen moved to dismiss the aggravating circumstances on double jeopardy grounds; the trial court granted the motion and denied reconsideration.
- The Court of Appeals affirmed, holding the jury’s prior unanimous finding of no proof on aggravators amounted to an acquittal as to those functional elements, barring retrial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggravating circumstances under RCW 10.95.020 are elements of the offense | State: aggravators are sentencing factors, not elements; therefore retrial is permitted | Allen: under Apprendi/Ring/Alleyne, aggravators are the functional equivalent of elements and require jury proof beyond a reasonable doubt; prior negative jury finding is an acquittal | Court: Aggravators are not statutory elements but are the functional equivalent of elements and must be jury-proved beyond a reasonable doubt |
| Whether a unanimous jury finding that the State failed to prove aggravators is an acquittal for double jeopardy purposes | State: double jeopardy does not bar relitigation of sentencing factors in noncapital or subsequent non-death proceedings | Allen: the unanimous finding is an acquittal of the aggravators; double jeopardy bars retrial | Court: The unanimous jury finding constituted an acquittal of the aggravators; double jeopardy bars retrial of those aggravators |
| Whether prior Washington precedent categorically prevents double jeopardy protection for noncapital sentencing proceedings | State: Washington cases limit double jeopardy application in noncapital contexts | Allen: the specific features of the prior capital proceeding control despite later noncapital posture | Court: Distinguishes prior cases; where jury made a binary, trial-like, unanimous finding it operates as an acquittal regardless of later noncapital posture |
| Whether the trial court erred in dismissing aggravators after the State declined to refile a death notice | State: dismissal was improper because the State could pursue aggravators in the new proceeding | Allen: dismissal appropriate because of double jeopardy acquittal | Court: Affirmed dismissal; State cannot retry aggravators previously acquitted by the jury |
Key Cases Cited
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (facts increasing statutory maximum must be submitted to jury and proved beyond a reasonable doubt)
- Alleyne v. United States, 570 U.S. 99 (2013) (mandatory minimums and any fact that increases punishment are for the jury)
- Ring v. Arizona, 536 U.S. 584 (2002) (aggravating factors that permit death penalty function as elements and must be jury-found)
- Bullington v. Missouri, 451 U.S. 430 (1981) (jury sentence less than death in capital case operates as an acquittal of death-eligibility factors)
- Monge v. California, 524 U.S. 721 (1998) (distinguishes capital penalty-phase acquittals from other sentencing findings; acquittal analysis depends on trial-like procedures and binary findings)
- Arizona v. Rumsey, 467 U.S. 203 (1984) (trial-court finding of no aggravators in capital context treated as acquittal barring death sentence)
- Sattazahn v. Pennsylvania, 537 U.S. 101 (2003) (no double jeopardy where jury deadlocked and made no unanimous finding on aggravators)
- State v. McEnroe, 181 Wn.2d 375 (2014) (Washington court recognizing aggravating circumstances in capital cases can be the functional equivalent of elements)