Bar Bulletin

Bar Bulletin

Washington Supreme Court Review: Court Strikes Down Death Penalty

November 2018 Bar Bulletin

State v. Gregory
No. 88086-7, October 11 (9-0)

Court’s Verbatim Summary

Chief Justice Mary Fairhurst Writes for the Court

Washington’s death penalty laws have been declared unconstitutional not once, not twice, but three times. State v. Baker, 81 Wn.2d 281, 501 P.2d 284 (1972); State v. Green, 91 Wn.2d 431, 588 P.2d 1370 (1979); State v. Frampton, 95 Wn.2d 469, 627 P.2d 922 (1981). And today, we do so again. None of these prior decisions held that the death penalty is per se unconstitutional, nor do we. The death penalty is invalid because it is imposed in an arbitrary and racially biased manner. While...

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