State Of Washington v. William Ralph Smith
73928-0
Wash. Ct. App. UMay 22, 2017Background
- On March 21, 2015, Jeremy McClellan, intoxicated and armed with an axe, approached William Smith’s trailer, threatened Smith, and a fight ensued; McClellan died from a stab wound to the neck. A kitchen knife with McClellan’s blood was found.
- Smith was charged with second-degree murder; the jury acquitted on murder but convicted Smith of first-degree manslaughter.
- Defense requested WPIC-based instructions that would treat justifiable homicide (self-defense) as a defense to both murder and manslaughter; the court initially agreed but, after a late State request, removed manslaughter from the justifiable homicide instructions.
- The trial court and State later acknowledged there was evidence sufficient to support a justification instruction; the court nevertheless denied a new trial despite recognizing the instruction omission was problematic.
- On appeal, the court held the trial court erred by instructing that justification applied to murder but not manslaughter, reversing the manslaughter conviction and remanding for retrial; the court upheld inclusion of an out-of-state prior conviction for sentencing.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Smith) | Held |
|---|---|---|---|
| Whether justifiable homicide is a defense to manslaughter and thus required in the "to convict" instruction | Justification is not legally available for manslaughter; removing it was proper | Justification is available for manslaughter; removing it prevented jury from applying self-defense to lesser offenses | Court held justification is a defense to manslaughter; omission was reversible error and required reversal of manslaughter conviction |
| Whether Smith invited or waived the instructional error | Smith failed to formally object or invited the error; issue preserved inadequately | Smith objected repeatedly on record and moved for new trial; error was preserved (and constitutional error can be raised) | Court found no invited error and that the claim was properly preserved; constitutional instructional error review permitted |
| Whether the instructional error was harmless | Jury’s acquittal on murder shows harmlessness; final instructions cured error | Omission misled jury into thinking justification unavailable for manslaughter; State bears burden to show harmlessness | Court concluded error was not harmless beyond a reasonable doubt and reversed manslaughter conviction |
| Whether an out-of-state (California) conviction could be used to calculate offender score | State lacked certified judgment but provided other official documents and fingerprint match; sufficient proof by preponderance | Smith argued insufficient evidence of conviction without certified judgment | Court held the combination of arrest/ disposition records and fingerprint match met the preponderance/minimum indicia of reliability standard; offender score inclusion proper |
Key Cases Cited
- State v. McCullum, 98 Wn.2d 484 (1983) (proof of self-defense can negate elements of homicide charges and requires instruction once evidence presented)
- State v. Hanton, 98 Wn.2d 129 (1982) (justifiable homicide available as defense to manslaughter)
- State v. Brightman, 155 Wn.2d 506 (2005) (standard of review for refusal to give instruction depends on whether refusal is factual or legal)
- State v. Ford, 137 Wn.2d 472 (1999) (State must prove prior convictions by preponderance when calculating offender score; certified judgments preferred but other reliable documents admissible)
- State v. Wanrow, 88 Wn.2d 221 (1976) (instructional errors given for the prevailing party are presumed prejudicial unless harmless beyond a reasonable doubt)