The State of Washington, Respondent v. Kerry S. Thomas, Petitioner

Summary

The Washington Supreme Court held that Kerry Thomas was denied effective assistance of counsel at her trial for attempting to elude a pursuing police vehicle. Trial counsel was deficient in failing to offer an instruction, consistent with the court's prior construction of the felony-flight statute, that Thomas's manner of driving created only a rebuttable inference of wanton or willful disregard which her extreme intoxication could rebut, and in presenting as an expert an alcohol counselor trainee whose lack of qualifications he never investigated; both deficiencies prejudiced her because confidence in the verdict was undermined. The court accordingly reversed and remanded for a new trial. Justice Dolliver, joined by Justices Andersen, Callow, and Durham, dissented, contending Thomas offered no evidence capable of rebutting the inference and identified no available expert, so neither error was prejudicial.