State v. Monday
171 Wash. 2d 667
Wash.2011Background
- Monday was convicted of one count of first degree murder and two counts of first degree assault, all while armed with a handgun.
- Video footage from a Pioneer Square confrontation showed a red-shirted shooter firing multiple times at Francisco Green.
- A witness identified Monday and other witnesses gave inconsistent or reluctant testimony; some recanted or attributed fear of the “code.”
- The State’s opening and closing emphasized credibility, with the prosecutor making statements later argued as improper or biased, including racial references.
- Judge Hayden admonished against witness-credibility vouching; defense moved for mistrial, which was denied.
- The Court of Appeals affirmed; this Court reviewed for prosecutorial misconduct and firearm-enhancement jury-trial issues, ultimately reversing due to prosecutorial misconduct producing an unfair trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the verdict tainted by prosecutorial misconduct? | Monday | The prosecutor injected racial prejudice and vouched for witnesses. | Yes; misconduct undermined fairness and violated rights. |
| Did firearm enhancements violate Monday’s jury trial rights? | Monday | Argument not explicitly preserved or harmless error. | Not necessary to decide; focus on prosecutorial misconduct; firearm issue left undecided. |
Key Cases Cited
- State v. Fisher, 165 Wn.2d 727 (Wash. 2009) (proper standard for prosecutorial misconduct requires improper and prejudicial conduct)
- State v. McKenzie, 157 Wn.2d 44 (Wash. 2006) (contextual evaluation of misconduct in total trial)
- State v. Yates, 161 Wn.2d 714 (Wash. 2007) (prejudicial effect examined in total argument context)
- State v. Brown, 132 Wn.2d 529 (Wash. 1997) (contextual approach to prejudice and harmless error)
- State v. Case, 49 Wn.2d 66 (Wash. 1956) (prosecutor cannot express personal guilt or credibility; must argue evidence)
- State v. Reed, 102 Wn.2d 140 (Wash. 1984) (DR 7-106(0)(4) predecessor to RPC 3.4(e) concerns personal opinion/credibility)
- State v. Evans, 154 Wn.2d 438 (Wash. 2005) (harmless error standard in prosecutorial misconduct)
- Weddington v. State, 545 A.2d 607 (Del. 1988) (racial bias in prosecution requires reversal)
