midpage
455 P.3d 647
Wash.
2020
Read the full case

Background

  • Bienhoff and Pierce were tried for first-degree felony murder (predicate: robbery); the State did not seek the death penalty though the facts could have supported capital charges.
  • During voir dire a juror (No. 56) voiced extreme reluctance about sitting on a case with life-or-death consequences; subsequent questioning by the prosecutor prompted multiple jurors to express concerns about the death penalty.
  • Juror 6 (apparently the only African-American in the panel at that time) wavered: she at times said she could be fair, at other times said she could not decide without knowing whether the death penalty or life sentence was possible; the court denied the State’s for-cause strike of juror 6 but later the State used a peremptory strike against her.
  • Defense counsel raised a Batson challenge to the peremptory strike; the trial court allowed the strike. Juror 76 was excused for cause. A jury convicted both defendants and sentences were imposed.
  • The Court of Appeals reversed, finding prosecutorial misconduct in eliciting a death-penalty discussion during voir dire and that the trial court abused its discretion in not curtailing the questioning; the State petitioned to the Washington Supreme Court.
  • The Washington Supreme Court overruled State v. Townsend, held that the State’s peremptory strike of juror 6 was presumptively invalid under GR 37 (an objective observer could view race as a factor), and affirmed the Court of Appeals’ result (vacatur and remand) on different grounds. The court also addressed the changed legal landscape after State v. Gregory.

Issues

Issue State's Argument Defendants' Argument Held
1) May voir dire in a noncapital case elicit, or may counsel/ court inform jurors about, whether the death penalty applies? Townsend should remain or be overturned; if allowed, prosecutors can ask follow-ups to detect bias. Towns end barred telling venire about sentencing consequences; eliciting death-penalty focus improperly skews jury selection. Court overruled Townsend: trial courts may inform prospective jurors whether a case is a capital case (Townsend is incorrect and harmful, especially post-Gregory).
2) Did the prosecutor commit misconduct by eliciting a discussion of the death penalty during voir dire that warranted reversal? Any juror-initiated reference permitted response under then-binding precedents; no misconduct that required reversal. The prosecutor’s questions drew jurors’ attention to sentencing and caused unfair influence, creating incurable prejudice. The majority did not reverse based solely on misconduct; concurrence would have reversed on that ground. The Court resolved case on peremptory-strike/G R 37 grounds instead.
3) Was the State’s peremptory strike of juror 6 racially motivated in violation of Batson/GR 37? The strike was race-neutral: juror 6 repeatedly equivocated about ability to serve and had been the subject of a for-cause challenge. The strike followed death-qualification style questioning and targeted the only African‑American juror; under GR 37 an objective observer could view race as a factor. Under GR 37 (as clarified by Jefferson), an objective observer could view race as a factor; the peremptory strike was presumptively invalid and required reversal/remand.
4) Do Jefferson and GR 37 apply to this 2015 trial? GR 37/Jefferson are prospective and should not govern pre-2018 voir dire; Batson governs. GR 37/Jefferson apply to preserved errors and provide the proper analytical framework; they should control review. Court applied GR 37/Jefferson principles (error preserved) and found the peremptory strike invalid.

Key Cases Cited

  • State v. Townsend, 142 Wn.2d 838 (prohibiting informing jurors in noncapital cases about sentencing; previously precedent on death-penalty voir dire)
  • State v. Gregory, 192 Wn.2d 1 (invalidating Washington’s death penalty; changed legal landscape)
  • State v. Jefferson, 192 Wn.2d 225 (modifying Batson analysis and implementing GR 37 principles)
  • Batson v. Kentucky, 476 U.S. 79 (establishing three‑step framework forbidding race-based peremptory strikes)
  • State v. Hicks, 163 Wn.2d 477 (reinforcing Townsend-era limits on voir dire references to sentencing and the court’s proper response to juror-initiated capital-punishment inquiries)
Read the full case

Case Details

Case Name: State v. Pierce
Court Name: Washington Supreme Court
Date Published: Jan 9, 2020
Citations: 455 P.3d 647; 195 Wash. 2d 230; 96344-4
Docket Number: 96344-4
Court Abbreviation: Wash.
Log In