Opinion

State v. Sutherby

  • 165 Wash. 2d 870
Court
Washington Supreme Court
Filed
Apr 9, 2009
Status
Published
Author
Fairhurst
On the bench
Alexander, Chambers, Fairhurst, Johnson, Madsen, Owens, Sanders, Stephens
Cited by
478 cases

finding that the proper unit of prosecution is one based on the Court’s prior construction of the term "any” and the rule of lenity

How later courts described this case

  • finding that the proper unit of prosecution is one based on the Court’s prior construction of the term "any” and the rule of lenity
  • concluding intended unit of prosecution under statute “is one count per possession of child pornography, without regard to the number of images comprising such possession or the number of minors depicted in the images possessed”
  • evidence admitted to show intent that “would 17 No. 81567-9-I/18 merely show [the defendant’s] predisposition toward molesting children” is “subject to exclusion under ER 404(b)”
  • evidence of child pornography not admissible in trial regarding child molestation because it would show only defendant’s general predisposition and not his sexual desire for the specific victim

Written by the judges who cited it.

The opinion

Fairhurst, J.

¶41 (concurring in part and dissenting in part) — I agree with the majority on the unit of prosecution issue. I agree with the dissent on the severance issue.

Madsen, J., concurs with Fairhurst, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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