Speedy trial
Washington Supreme Court:
GR 37 – Review of a GR 37 objection is de novo. Appellate courts need give no deference to the trial court’s observations concerning a prospective juror. State v. Bell, No. 103077-1 (July 10, 2025).
Division I:
Weapons surrender statute – The weapons surrender statute, RCW 9.41.801, does not violate the Fifth Amendment protection against self-incrimination because subsection (9)(a) provides immunity, and if 9(a) does not provide immunity then the prosecutor may provide immunity, and if the prosecutor does not provide immunity then the person can only be ordered to surrender weapons that are not self-incriminating. The statute does not violate the Fourth Amendment, or article 1, section 7, because there is no “state action” when a court orders a person to search their own home for weapons. The statute does not violate the Second Amendment because individuals who pose a clear threat of violence to others may be disarmed. The statute does not violate the separation of powers doctrine because the legislature appropriately delegated authority to the courts to ensure compliance with weapons surrender orders. Montesi v. Montesi, No. 85858-1-I (Jun. 30, 2025).
Division II:
Animal cruelty – DV expert testimony is admissible in an animal cruelty case to explain counterintuitive witness behavior, such as the defendant’s child initially lying about the defendant harming the animal, and delayed reporting. It is also admissible to discredit the defendant’s self-defense claim. This is true even though the testimony is not directly relevant to an element of the charged crime of animal cruelty. State v. Cecil, No. 58432-8-II (Jun. 3, 2025, Motion to Publish granted July 8, 2025).
Division III:
Speedy trial – Excluded periods pursuant to CrRLJ/CrR 3.3(e) apply to all “related charges” that are ultimately joined, regardless of whether they are joined, or even actively charged, at the time the excluded period occurs. State v. Lumpkin, No. 39830-7-III (Jul. 1, 2025).
Foreign Case of Interest:
Defenses – Defenses must apply throughout the duration of the crime to excuse the behavior. Here, a woman who drove drunk to escape her abusive husband was no longer excused from DUI after she had driven far enough to get away. State v. Stetzer, No. 2023AP874-CR (Wisc., July 3, 2025).