Washington v. Wallmuller (Majority and Dissent)
Annotate this CaseFrank Wallmuller pleaded guilty in 2014 to first degree rape of a child and sexual exploitation of a minor. He successfully appealed on grounds of sentencing error and imposition of improper community custody conditions, and the Court of Appeals remanded for correction of those errors. On remand, the trial court struck the challenged community custody conditions, which related to pornography and businesses selling liquor, but reimposed three of the original conditions relating to contact with children. The Court of Appeals held that a community custody condition barring a defendant from "places where children congregate" was inherently vague, in violation of due process, unless it was “cabined” by an exclusive list of specific prohibited places. The Washington Supreme Court held that this was error: “While an illustrative list of prohibited places serves to clarify and define such a condition, crafting an exclusive list is neither constitutionally required nor practically possible.” The Court reversed the Court of Appeals and upheld the challenged condition.
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