The State of Washington v. James D. Hickman

Summary

The Washington Supreme Court held that under the law of the case doctrine, venue listed as an element in an unobjected-to 'to convict' instruction became an element the State was bound to prove beyond a reasonable doubt, even though venue is not an actual element of insurance fraud. Because Hickman was in Hawaii and his insurer in King County when the fraudulent claim was presented, and the only Snohomish County evidence concerned a theft report 'off Logan Road' and the later discovery of the stripped car there, the State failed to prove the added element. The court therefore reversed the conviction and dismissed the charges with prejudice, retrial being barred by double jeopardy. Justice Talmadge, joined by Chief Justice Durham and Justices Dolliver and Guy, dissented, contending Hickman waived any venue challenge by failing to raise it before jeopardy attached or at trial, and would have affirmed the conviction.