The State of Washington v. Leslie W. Berlin

Summary

The Washington Supreme Court reaffirmed the two-part Workman test for lesser included offenses — each element of the lesser offense must be a necessary element of the offense charged, and the evidence must support an inference that the lesser crime was committed — and expressly overruled State v. Lucky, which had barred such instructions whenever the greater offense could be committed by alternative means. Applying that test, the court held first and second degree manslaughter are lesser included offenses of second degree intentional murder but not of second degree felony murder, that the evidence of Berlin's heavy drinking and his claim of accidental discharge supported the manslaughter instructions, and that the jury must be instructed manslaughter is a lesser included offense of intentional murder only. The court further held second degree intentional murder and second degree felony murder are alternative means of committing the single crime of second degree murder, so the State need not elect between them and charging both does not violate double jeopardy. The court reversed the Court of Appeals and affirmed Berlin's first degree manslaughter conviction. Justices Alexander and Talmadge dissented, contending the majority abandoned stare decisis by discarding Lucky barely a year and a half after seven justices signed it.