Washington Supreme Court
State v. Montgomery
May 15, 2008183 P.3d 267
Summary
The court held that sufficient evidence supported Montgomery’s conviction, but the trial was nevertheless unfair because the State elicited improper opinions about his intent and the trial court gave an unwarranted missing-witness instruction. The opinion testimony error was not manifest constitutional error, but the missing-witness instruction and related closing argument were not harmless beyond a reasonable doubt. The court reversed the conviction and remanded for a new trial.