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State v. Monday
171 Wash. 2d 667
Wash.
2011
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Background

  • 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)
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Case Details

Case Name: State v. Monday
Court Name: Washington Supreme Court
Date Published: Jun 9, 2011
Citation: 171 Wash. 2d 667
Docket Number: No. 82736-2
Court Abbreviation: Wash.