Washington Supreme Court

The State of Washington, Respondent v. Jo Elliott Tharp, Petitioner

December 17, 198196 Wash. 2d 591

Summary

The court held that the State's burden for proving the commission of admissible collateral crimes and the defendant's connection to them is a preponderance of the evidence. It further held that admitting the defendant's prior auto-theft conviction and furlough status required an on-the-record balancing of probative value against prejudice, and that the motel registration slip was not properly authenticated. Nevertheless, the errors were nonconstitutional and harmless because the remaining evidence overwhelmingly established guilt.