Washington Supreme Court
State v. Crossguns
March 10, 2022199 Wash. 2d 282
Summary
The Washington Supreme Court rejected the "lustful disposition" label as a distinct purpose for admitting prior‑act evidence, holding that such evidence may be admitted only for the traditional ER 404(b) purposes. It also found the prosecutor’s closing‑argument statements to be misconduct, but concluded any prejudice was curable by a limiting instruction, so the conviction was affirmed. The Court affirmed the Court of Appeals on the evidentiary issue, reversed it on the misconduct issue, and remanded for further proceedings.
Holding
- Whether the "lustful disposition" doctrine constitutes a permissible purpose for admitting prior‑act evidence under Washington Rule of Evidence 404(b).. The Court holds that "lustful disposition" is not a distinct or proper purpose for admitting evidence and the doctrine is abandoned.
- Whether the prosecutor’s closing‑argument statements that the jury must determine who is lying constitute reversible prosecutorial misconduct.. The statements constitute misconduct, but any prejudice can be cured by a curative instruction, so the conviction is affirmed and the Court of Appeals decision on this issue is reversed.
- Whether any error in admitting the prior‑act evidence for a "lustful disposition" purpose is harmless error.. Any error in labeling the evidence as "lustful disposition" is harmless because the evidence was properly admitted for other permissible ER 404(b) purposes.
Docket 99396-3