Opinion

State v. Strauss

  • 119 Wash. 2d 401
  • 832 P.2d 78
  • 1992 Wash. LEXIS 196
Court
Washington Supreme Court
Filed
Jul 9, 1992
Status
Published
Author
Andersen
On the bench
Johnson
Cited by
132 cases
Authority
More cited than 5.3%

Abrogated on other grounds by Crawford v. Washington, 541 U.S. 36 (2004)

stating that "a mental health care professional's opinion is necessary to determine a defendant's amenability to treatment" (emphasis added)

How later courts described this case

  • stating that "a mental health care professional's opinion is necessary to determine a defendant's amenability to treatment" (emphasis added)
  • "Had this issue been before us, I would have found that deliberate cruelty on the part of Mr. Strauss was demonstrated and that it justified the imposition of the exceptional sentence in this case. The State did not, however, cross-appeal on this issue and, as the majority opinion correctly notes, the law of the case doctrine prevents our considering it at this point."
  • affirming trial court’s admission of victim’s statement regarding sexual assault made over three hours after assault under the excited utterance exception
  • requiring mental health care professional’s opinion in absence of prior record of treatment

Written by the judges who cited it.

Later courts went against this

  • Abrogated on other grounds by Crawford v. Washington, 541 U.S. 36 (2004)

    119 Wn.2d 401, 418 , 832 P.2d 78 (1992), abrogated on other grounds by Crawford v. Washington, 541 U.S. 36 , 124 S. Ct. 1354 , 158 L. Ed. 2d 177
    Supreme Court of the United StatesMar 8, 20042 citing opinionsother groundsRead it

The opinion

*422 Andersen, J.

(concurring) — I concur in the majority opinion but write separately to express my disagreement with the Court of Appeals determination in its published opinion that Mr. Strauss did not demonstrate deliberate cruelty toward his rape victim. State v. Strauss, 54 Wn. App. 408, 419 , 773 P.2d 898 (1989). Based on this record I could not have found that the trial judge's finding in that regard was "clearly erroneous". It appears that the conduct of Mr. Strauss was significantly more egregious and serious than typical of the crime of rape in the second degree. State v. Hicks, 61 Wn. App. 923, 928 , 812 P.2d 893 (1991); State v. Holyoak, 49 Wn. App. 691, 696 , 745 P.2d 515 (1987), review denied, 110 Wn.2d 1007 (1988). Had this issue been before us, I would have found that deliberate cruelty on the part of Mr. Strauss was demonstrated and that it justified the imposition of the exceptional sentence in this case. The State did not, however, cross-appeal on this issue and, as the majority opinion correctly notes, the law of the case doctrine prevents our considering it at this point.

Brachtenbach and Guy, JJ., concur with Andersen, 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.