Weekly Roundup for the week of June 15, 2026
United States Supreme Court
Second Amendment – The federal Gun Control Act violates the Second Amendment to the extent that it prohibits “any unlawful user” of “any controlled substance” from possessing a firearm. 18 U. S. C. §922(g)(3). The Court chose not to address the constitutionality of laws that prohibit addicts, or those presently intoxicated, from possessing a firearm; laws that the legislature adopts after determining that users of a particular drug pose a special risk of misusing firearms; laws disarming individuals convicted of felonies (often drug-related ones). Nor did the court address whether the government could bring a prosecution under §922(g)(3) accompanied by individualized proof of the defendant’s dangerousness when using the controlled substance. These questions were not before the court. United State v. Hemani, No. 24-1234 (Jun. 18, 2026)
Plea Agreements – An agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice – meaning, when it would leave in place the kind of egregious error that would bring the judicial system into disrepute. Hunter v. United State, No. 24-1063 (Jun. 18, 2026)
Division II
Prosecutorial Misconduct – A prosecutor does not commit misconduct by asking potential jurors “Does anybody here feel like they would not be able to convict based on testimony alone?” The question does not improperly implicate the unique facts of the case, nor does it commit potential jurors to a verdict. Rather, it seeks to assess whether the potential jurors can follow RCW 9A.44.020(1). State v. Camacho, No. 59503-6-II (May 22, 2026, Motion to Publish Granted Jun 18, 2026)
Jury Unanimity – The invited error doctrine prevents a defendant from challenging, for the first time on appeal, the trial court’s failure to give a Petrich unanimity instruction where the defendant’s proposed jury instructions did not contain a unanimity instruction, and where the defendant declined the court’s proposal to give a related limiting instruction. State v. Camacho, No. 59503-6-II (May 22, 2026, Motion to Publish Granted Jun 18, 2026)
Division III
Attempted Rape of a Child in the Second Degree – In a prosecution for Attempted Rape of a Child in the Second Degree, the defendant’s subjective belief about the intended victim’s age is relevant and material to prove his intent, but it is not a separate element that the State must prove. State v. Erlandson, No. 40207-0-III (Jun. 16, 2026, Published in part)