State v. Manussier

Summary

The Washington Supreme Court (en banc, Smith, J.) affirmed a mandatory sentence of life without parole under Initiative 593, the 'three strikes law' (RCW 9.94A.120(4)), rejecting seven state and federal constitutional challenges. The court held the initiative is a complete act satisfying article II, section 37; not a bill of attainder; no separation-of-powers violation; the Guarantee Clause claim nonjusticiable; equal protection reviewed under rational basis and satisfied; the sentence proportionate under both the Eighth Amendment and article I, section 14; and due process satisfied by SRA procedures permitting proof of prior convictions by a preponderance. Justice Madsen dissented, joined by Justices Johnson and Sanders, arguing state constitutional history entitles persistent offenders to notice, a jury trial, and proof beyond a reasonable doubt; Justice Sanders separately wrote that the Act is cruel punishment under article I, section 14.