State Of Washington v. Marche T. Nash
75293-6
| Wash. Ct. App. | Aug 7, 2017Background
- Marche T. Nash was charged and convicted of second-degree attempted burglary and appealed the conviction.
- Nash argued the jury instructions (WPIC 1.04 and 151.00 reproduced as instructions 2 and 14) failed to tell jurors to deliberate together "at all times," allegedly undermining his right to a unanimous verdict under the Washington Constitution.
- The challenged instructions told jurors to deliberate, decide for themselves after discussion, select a presiding juror, allow each juror to be heard, and require unanimity to return a verdict.
- Nash expressly stated "no objection" to the instructions at trial, so he did not preserve the claim for appeal.
- The record did not show the jury ever deliberated with any juror absent.
- The Court of Appeals found no manifest constitutional error and affirmed the conviction; it also declined to assess appellate costs against Nash because he was found indigent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jury instructions violated right to a unanimous verdict by not explicitly requiring jurors to deliberate together "at all times" | Nash: instructions omitted an explicit "at all times" admonition, risking nonunanimous deliberations | State: instructions complied with WPIC, Nash failed to preserve the claim, and record shows no juror absence during deliberations | Court: Claim not preserved; not a manifest constitutional error; affirmed conviction |
| Whether appellate review is available despite no contemporaneous objection | Nash: seeks review of claimed constitutional error raised on appeal | State: contemporaneous "no objection" forecloses review absent manifest error showing | Court: No showing of actual prejudice or manifest error, so appellate review denied |
| Whether appellate costs should be imposed | Nash: indigent; requests no appellate costs | State: does not contest refusal to impose costs | Court: exercised discretion to not assess appellate costs |
Key Cases Cited
- State v. Kirkman, 159 Wn.2d 918 (2007) (issues not preserved at trial generally not considered on appeal)
- State v. Gordon, 172 Wn.2d 671 (2011) (appellate review allowed for manifest errors affecting constitutional rights)
- State v. Sinclair, 192 Wn. App. 380 (2016) (appellate court discretion over imposition of appellate costs)