333 P.3d 410
Wash. Ct. App.2014Background
- Russell Harrington was convicted of first degree kidnapping of his wife Michelle Harrington.
- The couple had a history of marital discord and violence, with Harrington displaying a gun during the December 30, 2009 incident.
- Harrington planned the abduction, manipulating schedules, cutting phone lines, and preparing the scene with a syringe, pills, duct tape, and alcohol.
- The crime occurred after Michelle sought a divorce; Harrington claimed the act was to control or threaten, and he asserted diminished capacity at trial.
- The jury was instructed on two alternative intents for first degree kidnapping and later found Harrington guilty; the court imposed a lengthy sentence.
- Harrington challenged sufficiency of evidence and the constitutionality of the “extreme mental distress” standard; the court rejected both challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first degree kidnapping | Harrington argues evidence fails to show intentional abduction. | Harrington contends only general abduction or lesser intent is proven. | Evidence supported intentional abduction under alternative means. |
| Constitutionality/vagueness of extreme mental distress | Harrington contends RCW 9A.40.020(1)(d) is unconstitutionally vague. | Harrington argues ambiguity makes notice and enforcement improper. | Statute not void for vagueness; applied to case, it provided minimal guidelines. |
Key Cases Cited
- State v. Garcia, 179 Wn.2d 828 (Wash. 2014) (defines extreme mental distress for first-degree kidnapping)
- State v. Worrell, 111 Wn.2d 537 (Wash. 1988) (not unconstitutionally vague; terms like 'without lawful authority' valid)
- City of Douglass, 115 Wn.2d 171 (Wash. 1990) (requires minimal guidelines to guide enforcement; vagueness standard)
- City of Spokane v. Douglass, 115 Wn.2d 171 (Wash. 1990) (vagueness framework for criminal statutes)
- State v. Williams, 144 Wn.2d 197 (Wash. 2001) (vagueness in mental health related statutes; distinction from 'extreme mental distress')
- State v. Danforth, 173 Wn.2d 59 (Wash. 2011) (principles for evaluating vagueness and police discretion)