Washington v. Brooks (Majority and Concurrence)
Annotate this CaseDefendant Kenneth Brooks was a friend of fifteen-year-old C.H.’s brother. On the evening of August 16 2014, C.H., her sister, and Brooks played games while drinking beer and vodka into the morning of August 17. C.H. became intoxicated and passed in and out of consciousness. Brooks raped C.H. and then left her to sleep. C.H. was still intoxicated and was vomiting until the afternoon of August 17. C.H. told her sister what happened, and police were notified. Police came to C.H.’s home and gathered evidence regarding the rape allegation. Brooks was ultimately charged with third-degree rape of a child, and third-degree child molestation. The issue this case presented for the Washington Supreme Court’s review centered on whether the trial court abused its discretion in granting the State’s motion to expand the time period noted in the information after both the State and defense rested. The Court held that under the circumstances of this case, the trial court did not err, and this affirmed the Court of Appeals, which affirmed defendant’s conviction.
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