The State of Washington, Petitioner v. Ford Powell, Jr., Respondent

Summary

The Washington Supreme Court reversed the Court of Appeals and reinstated Ford Powell, Jr.'s second degree murder conviction for the manual strangulation of his wife Carrie, holding that nearly all of the challenged prior-misconduct and hearsay evidence was properly admitted. Evidentiary issues governed by final rulings on motions in limine were preserved as standing objections, while the objection to a tentative ruling and to an unobjected-to statement were waived. The prior assaults and quarrels were admissible to show motive and under the res gestae doctrine even though the trial court's additional intent and opportunity rationales were erroneous, and the ER 403 balancing was adequate. Two hearsay statements were admitted without an applicable exception, but those errors were harmless beyond a reasonable doubt given the strength of the circumstantial case.