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State v. Monday
257 P.3d 551
Wash.
2011
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Background

  • 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)
Read the full case

Case Details

Case Name: State v. Monday
Court Name: Washington Supreme Court
Date Published: Jun 9, 2011
Citation: 257 P.3d 551
Docket Number: 82736-2
Court Abbreviation: Wash.