Denial of counsel
Washington Supreme Court:
Community custody – Community custody condition prohibiting access to material depicting “sexually explicit conduct” is not unconstitutionally vague or overbroad. A person of ordinary intelligence can understand what conduct is prohibited from that description. Due process does not require that a defendant is able to predict with complete certainty the exact point at which their actions would be classified as prohibited conduct. State v. J.H.-M., No. 102635-8 (Apr. 10, 2025).
Division II:
Denial of counsel – Defense counsel’s “minimal presentation” at sentencing, which amounted to no more than a request to follow the agreed recommendation, was not a constructive denial of counsel, even when the court did not follow the recommendation. The State robustly endorsed the plea agreement, so it was a legitimate strategy to “let the Government do the talking.” State v. Greatreaks, No. 59439-1-II (April 8, 2025).
(Editor’s note: The defense specifically disavowed an ineffective assistance claim in this case, depending instead on “constructive denial of counsel”.)
Division III:
Alternative means – Interfering with Reporting Domestic Violence (RCW 9A.36.150) is not an alternative means crime. The conduct criminalized by the statute is preventing or attempting to prevent the reporting of domestic violence. The criminalized conduct does not change based on who the violence is being reported to. State v. Buck, No. 39445-0-III (Apr. 10, 2025).
Foreign case of interest:
Rape shield – A defendant seeking to admit evidence of the victim’s past sexual behavior under an exception to the Rape Shield law cannot compel the victim to testify at the hearing to determine admissibility of such evidence. Those hearings are for the presentation of argument on the admissibility of evidence already identified in motion by the moving party, not to uncover or test that evidence. State v. Jolley, In re T.T., No. 20240290 (Utah, April 10, 2025).
(Editor’s note: Utah’s Rape Shield law, URE Rule 412, is modeled on the equivalent Federal rule, FRE 412.)