The State of Washington, Respondent v. Fredric Noltie, Petitioner

Summary

The Washington Supreme Court affirmed Fredric Noltie's convictions of first degree statutory rape and indecent liberties arising from the sexual abuse of his young stepdaughter. The court held the trial court did not abuse its discretion in refusing to excuse a juror for cause because equivocal answers showing only a possibility of prejudice do not establish actual bias. It held the information was not constitutionally defective: the State need not elect between alternative means of committing sexual intercourse in the charging document, the vagueness claim was foreclosed by the defense's abandoned bill of particulars motion, and two identically worded rape counts supported by different evidence charged separate offenses rather than violating double jeopardy. Finally, it held colposcopic photographs were properly admitted because colposcopy is not a novel scientific technique subject to Frye and the photographs were relevant without unfair prejudice under ER 403.