State v. Gregory, 427 P.3d 621

Background

In 1996 Allen Gregory raped, robbed, and murdered G.H.; DNA and a knife later linked him to the crime. He was convicted of aggravated first‑degree murder and sentenced to death after two penalty trials; the court previously reversed one death sentence and remanded for resentencing.
Following remand, rape charges against Gregory were dismissed; the second sentencing jury again imposed death, triggering statutory automatic review under RCW 10.95.130(2).
Gregory challenged the constitutionality of Washington’s death‑penalty scheme, alleging arbitrary and racially biased administration; he submitted a commissioned statistical study (Beckett & Evans) showing racial disparities in sentencing.
The court allowed the parties to litigate the study’s methodology, had Commissioner Pierce solicit interrogatory responses, received an expert critique and replies, and admitted Beckett’s refined analysis for consideration.
Based on the record, prior trial reports, and Beckett’s analysis, the court concluded that Black defendants were substantially more likely to receive death sentences and that the system is arbitrary and racially biased in practice.
The court held Washington’s death‑penalty scheme unconstitutional under article I, § 14 of the Washington Constitution, converted all death sentences to life imprisonment, and declined to revisit Gregory’s guilt‑phase challenges (law of the case).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of WA death penalty (arbitrariness/racial bias)	Gregory: statewide practice shows arbitrary and racially biased imposition; Beckett study shows Black defendants far more likely to be sentenced to death	State: statistical methods unreliable for constitutional adjudication; evidentiary forum inappropriate	Held unconstitutional under article I, § 14 — death penalty as administered is arbitrary and racially biased; death sentences converted to life
Whether statutory proportionality review (RCW 10.95.130) cures defects	Gregory: proportionality review is case‑by‑case and cannot remedy systemic racial/arbitrary imposition	State: proportionality review and mandated appellate safeguards prevent arbitrariness	Court: proportionality review cannot address systemic defects; it is insufficient to cure the constitutional infirmity but is functionally inseparable from statute
Severability of proportionality review from capital scheme	Gregory implied proportionality is not indispensable to a constitutional scheme	State: provisions severable; scheme stands with modifications	Court: proportionality review is intimately connected and cannot be severed for functional reasons (review is required for execution process)
Reconsideration of guilt‑phase and other trial errors	Gregory sought reexamination of suppression, Brady/Franks, jury issues, prosecutorial misconduct, and other claims	State: law of the case, waiver, and lack of intervening change bar reconsideration	Court: declined to reconsider—issues were resolved or could have been raised earlier; law of the case and RAP 2.5 limit review

Key Cases Cited

Furman v. Georgia, 408 U.S. 238 (1972) (death penalty invalidated where imposed in arbitrary and capricious manner)
Gregg v. Georgia, 428 U.S. 153 (1976) (upholding a guided capital sentencing statute and discussing need to narrow discretion)
Woodson v. North Carolina, 428 U.S. 280 (1976) (struck down mandatory death penalty statutes)
Pulley v. Harris, 465 U.S. 37 (1984) (federal constitution does not require comparative proportionality review)
Enmund v. Florida, 458 U.S. 782 (1982) (death penalty unconstitutional when it does not measurably advance penological goals)
Atkins v. Virginia, 536 U.S. 304 (2002) (death penalty unconstitutional for intellectually disabled defendants; emphasized evolving standards and national trends)
Roper v. Simmons, 543 U.S. 551 (2005) (death penalty unconstitutional for juvenile offenders; relied on evolving standards of decency)
State v. Cross, 156 Wash.2d 580 (2006) (addressing proportionality review and standards for capital sentencing in Washington)
State v. Davis, 175 Wash.2d 287 (2012) (discussed evidence and approach to systemic challenges to Washington’s death‑penalty administration)
State v. Gregory, 158 Wash.2d 759 (2006) (prior appeal affirming conviction and reversing an earlier death sentence)
State v. Bartholomew, 101 Wash.2d 631 (1984) (discussing state constitutional analysis of capital punishment and fairness requirements)