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State Supreme Court issues new rulings
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The Washington State Supreme Court issued rulings in two criminal cases this morning.
State v. Knippling, No. 80848-1. Defendant Tucero Knippling was convicted on ten felony counts for several home invasion robberies. The prosecutor sought sentencing of Knippling as a persistent offender under the Persistent Offender Accountability Act (also known as the “Three Strikes You're Out Law”). The previous convictions included a 1999 second degree robbery conviction and a 2002 second degree assault conviction. Knippling’s defense attorney challenged the use of the 1999 conviction as the defendant had been tried as an adult at the age of 16. The trial court ruled that Knippling did not qualify as a persistent offender as his 1999 conviction was invalid, and the Court of Appeals affirmed. The Supreme Court unanimously ruled that Knippling's 1999 conviction could not count as a "strike" against him.
State v. Powell, No. 80535-1. Jason Powell was convicted of first degree burglary while armed with a firearm. He was arrested after a confrontation with the mother of his child. A friend of Powell’s testified at trial that he witnessed Powell using methamphetamine and had acted strangely just before the defendant went to his ex-girlfriend’s house. The Court of Appeals reversed the conviction and ordered a new trial, as the prosecutor failed to offer expert witness as to the possible effects methamphetamine could have had on the defendant. The Supreme Court ruled this failure was a harmless error, and upheld the jury's guilty verdict.
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