State Of Washington v. Marie Stout
49595-3
| Wash. Ct. App. | Nov 7, 2017Background
- Marie E. Stout and her 9-year-old daughter K.S. had a physical altercation at a friend’s house; a neighbor called police.
- Deputies and photographs showed red marks and bruising on K.S.’s neck and scratches on her body; witnesses described K.S. breathing hard and frantic.
- K.S. testified Stout repeatedly grabbed and squeezed her neck, choked her, held her throat for 30–50 seconds, and slammed her head to the floor; K.S. described difficulty breathing and a sensation of blood rushing to her head.
- Stout testified she did not recall putting hands on K.S.’s neck and claimed she only tried to console K.S.; testimony conflicted at trial.
- The State charged Stout with second-degree assault of a child by strangulation (with a domestic violence allegation); a jury convicted.
- At sentencing the judgment included a checked forfeiture box for seized property though the record and the State show no property was seized.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for second-degree assault by strangulation | State: evidence (victim testimony, marks, photos) proved strangulation beyond a reasonable doubt | Stout: evidence insufficient because her account conflicted and State failed to prove compression/obstruction element | Affirmed — viewing evidence in light most favorable to State, a rational jury could find strangulation proved |
| Erroneous forfeiture box on judgment and sentence | State concedes no property was seized and box was erroneous | Stout: checked forfeiture box was error requiring correction | Remanded — clerical error; judgment and sentence to be corrected |
Key Cases Cited
- State v. Washington, 135 Wn. App. 42 (2006) (due process requires proof of all crime elements beyond a reasonable doubt)
- State v. Salinas, 119 Wn.2d 192 (1992) (standard for sufficiency review; defer to all reasonable inferences for State)
- State v. Delmarter, 94 Wn.2d 634 (1980) (circumstantial and direct evidence treated equally in sufficiency review)
- State v. Camarillo, 115 Wn.2d 60 (1990) (appellate deference to jury on credibility and conflicting testimony)
- State v. Makekau, 194 Wn. App. 407 (2016) (remedy for clerical errors in judgment and sentence is remand for correction)