250 P.3d 496
Wash. Ct. App.2011Background
- Curtiss was convicted of premeditated first-degree murder for Tarricone's death; Tarricone disappeared in 1978; his body was found in 2007 on Curtiss's Canyon Road property; Curtiss and her brother Notaro confessed to involvement and dismembering the body; Curtis testified and Notaro testified with inconsistencies; police interrogation occurred in 2008, yielding a taped statement and untaped statements; Curtiss appealed on hearsay, silence remarks, and other trial testimony issues.”,
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Curtiss's taped statements | Curtiss argues statements were not knowing/voluntary | State contends waiver was valid and voluntary | Admissible; waiver voluntary and knowing |
| Commentary on Curtiss's silence | Curtiss invoked right to silence; remarks were improper | Curtiss did not invoke silence; no error | No error; Curtiss never invoked silence; statements not improper |
| Sufficiency of evidence | Insufficient evidence of Curtiss's knowledge or involvement | Evidence shows Curtiss aided and abetted; credibility issues for jury | Sufficient evidence supports conviction |
| Propriety of police testimony recounting interrogation | Detective Wood's testimony about Curtiss's interrogation was improper opinion evidence | Even if improper, no prejudice; proper jury instructions given | Not reversible error; any error non-prejudicial |
| Prosecutorial misconduct | Closing statements and conduct violated fairness | Arguments were within permissible scope and did not prejudice Curtiss | No prosecutorial misconduct; no reversible prejudice |
Key Cases Cited
- State v. Unga, 165 Wash.2d 95 (2008) (totality-of-the-circumstances test for voluntariness)
- State v. Broadaway, 133 Wash.2d 118 (1997) (police deception on rights not automatic coercion)
- State v. Easter, 130 Wash.2d 228 (1996) (right to silence interpreted similarly to federal)
- State v. Hill, 123 Wash.2d 641 (1994) (CrR 3.5 findings are verities on appeal)
- State v. Demery, 144 Wash.2d 753 (2001) (interrogation tactics explanations; admissibility context)
- State v. Bourgeois, 133 Wash.2d 389 (1997) (use of witness testimony to rebut cross-examination)
- State v. Montgomery, 163 Wash.2d 577 (2008) (instructional guidance on credibility and opinions of witnesses)
- State v. Gentry, 125 Wash.2d 570 (1995) (standard for prosecutorial misconduct review when no objection)