Washington v. Brush (Majority and Concurrence)
Annotate this CaseRespondent Brian Brush was convicted of first degree murder for killing his ex-fiancee. The trial court imposed an exceptional sentence based on the jury's finding that the murder was an aggravated domestic violence offense. Brush appealed the domestic violence finding on two grounds: (1) a jury instruction defining "prolonged period of time" in the context of the domestic violence aggravating factor violated the constitutional rule against judges commenting on the evidence; and (2) the admission of certain heresay statements made by the victim's daughter during the sentencing phase of trial. With regard to respondent's first contention, the Supreme Court agreed that the instruction defining "prolonged period of time" essentially resolved a factual question for the jury and thereby constituted an improper comment on the evidence. With regard to respondent's second contention, the Court concluded the trial court did not abuse its discretion when it allowed the victim's daughter to testify because her testimony related to an incident where Brush stalked her and her mother. The Court reversed Brush's exceptional sentence and remanded to the trial court with instructions that, if requested, it could impanel a jury to consider evidence of a prolonged pattern of abuse.
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