WEEKLY ROUNDUP FOR THE WEEK OF APRIL 28, 2025
Division I:
Deferred prosecution – When a District Court is presented with violations of the deferred prosecution program, RCW 10.05.090 allows the court to only either terminate the deferred prosecution or continue treatment. Nothing in the statute limits the treatment to a specified term of years. State v. Peoples, No. 86111-5-I (April 28, 2025).
Division II:
Mental health sentencing alternative – Courts may deny a request for a Mental Health Sentencing Alternative (MHSA) when, among other reasons, there is no nexus between a defendant’s mental health diagnoses and the crime; the victim opposes a MHSA; the defendant has a lengthy criminal history and non-compliance with court orders, limited history of engagement in mental health treatment, and continued treatment within DOC is more suitable than a MHSA. State v. Colon, No. 59046-8-II (Apr. 29, 2025).
Restraints – Merely appearing by video from jail, without more (e.g. handcuffs, leg restraints, behind bars, glass windows, mesh windows etc.) is not an unconstitutional restraint. Due process does not require the court to make an individualized inquiry before the defendant appears by video. Even if due process required that, the error is harmless when the evidence of guilt is overwhelming. State v. Ferguson, No. 58378-0-II (Apr. 29, 2025).
Aggravating circumstances – The victim of a vehicular homicide or assault may be particularly vulnerable under RCW 9.94A.535(3)(b) if they are on the side of a freeway and either: 1) outside a car; or 2) sitting in a stationary car. The victim outside a car is not protected by a vehicle, and the person sitting in a stationary car has little opportunity to evade a collision. State v. Ireland, No. 58212-1-II (April 29, 2025).