Washington v. Guzman Nunez
Annotate this CaseIn these two consolidated cases, the trial court instructed the jury that it must be unanimous to either accept or reject the aggravating circumstances, contrary to the Washington Supreme Court's decision in "State v. Bashaw," (234 P.3d 195 (2010)). However, the nonunanimity rule adopted in "Bashaw" was based on an incorrect rule announced in "State v. Goldberg," (72 P.3d 1083 (2003)). This rule conflicted with statutory authority, "cause[d] needless confusion, [did] not serve the policies that gave rise to it, and frustrates the purpose of jury unanimity." Accordingly, the Supreme Court took the opportunity to reconsider this portion of its holding in "Bashaw" and held that the nonunanimity rule could not stand. The Court affirmed the appellate court in upholding Petitioner Enrique Guzman Nunez's conviction and sentence, reversed the appellate court and reinstated Respondent George Ryan's exceptional sentence, and remanded both cases for further proceedings.
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