Washington Supreme Court

State v. Griffin

January 5, 2012268 P.3d 924

Summary

The Washington Supreme Court held that a fact‑finding hearing under RCW 9.94A.537 is not exempt from the Washington Rules of Evidence, so the hearsay testimony used to find the rapid‑recidivism aggravating circumstance was inadmissible; the Court reversed the Court of Appeals, vacated Griffin's exceptional sentence, and remanded for resentencing with the evidence rules applied.

Holding

  • Whether a fact‑finding hearing under RCW 9.94A.537 is exempt from the Washington Rules of Evidence under ER 1101(c)(3).. The Court held that RCW 9.94A.537 creates a special category of sentencing in which the Washington Rules of Evidence do apply; therefore the hearing is not exempt.

Docket 84554-9

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