State v. Monday
257 P.3d 551
Wash.2011Background
- Convicted of one count of first degree murder and two counts of first degree assault in Seattle from a Pioneer Square shooting
- Video recording captured a confrontation; the shooter wore a distinctive red shirt
- Witnesses varied in cooperation; some recanted or conflicted with investigators
- Prosecutor allegedly commented on witness credibility and injected race-based code claims during trial
- Judge warned against prosecutorial vouching and tone; defense moved for mistrial, later curative instruction offered
- Court of Appeals affirmed; State Supreme Court granted review to address prosecutorial misconduct and firearm-enhancement issues
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prosecutorial misconduct deprived Monday of a fair trial | Monday | State violated impartial jury rights through racist appeals | Yes; reverse on grounds of unfair trial due to racial prejudice |
| Whether firearm enhancements violated Monday's jury trial right | Monday | Firearm enhancements properly applied and trial fair | Not necessary to resolve here due to prosecutorial misconduct; majority reversal on misconduct |
Key Cases Cited
- State v. McKenzie, 157 Wash.2d 44 (2006) (standard for analyzing prosecutorial misconduct in context)
- State v. Yates, 161 Wash.2d 714 (2007) (contextual approach to improper remarks within total argument)
- State v. Brown, 132 Wash.2d 529 (1997) (contextualized assessment of prejudice in improper statements)
- State v. Reed, 102 Wash.2d 140 (1984) (DR 7-106(C)(4) guidance on personal opinions about witnesses and guilt)
- State v. Case, 49 Wash.2d 66 (1956) (prosecutor’s duty to avoid personal belief in accused’s guilt)
- State v. Evans, 154 Wash.2d 438 (2005) (harmless error standard applied to prosecutorial misconduct in bias cases)
