The State of Washington, Respondent v. James Leroy Brett, Appellant

Summary

The court affirmed Brett’s convictions and death sentence, rejecting challenges to the charging information, amendment of the information, jury selection, evidentiary rulings, aggravating circumstances, jury instructions, prosecutorial argument, double jeopardy, penalty-phase evidence, mitigation instructions, continuance denial, and the constitutionality of the capital sentencing scheme. It held that an uncompleted robbery may support the robbery aggravator when the murder occurs in the course of the robbery, and that the record supported the robbery, kidnapping, and concealment aggravators. Justice Durham, concurring, urged adoption of a consistent proportionality test; Justice Utter, dissenting, would have reversed the death sentence based principally on the denial of a continuance, proportionality concerns, mitigation rebuttal evidence, and jury instructions; Justice Madsen, concurring in part and dissenting in part, would have ordered a new penalty phase because the continuance should have been granted.