In re Pers. Restraint of Mulamba (Majority and Dissent)Annotate this Case
The question this case presented for the Washington Supreme Court’s review centered on whether the prosecution was required, under Brady v. Maryland, to turn over to the defense the jail and mental health records of the victims’ mother, who was a codefendant and a State’s witness. Additionally, this case involved whether a Petrich jury unanimity instruction was required for charges of assault of a child. At trial, a jury found Reuben Mulamba guilty of first degree assault of a child, second degree assault of a child, first degree criminal mistreatment of a child, and third degree criminal mistreatment of a child. Mulamba filed a timely personal restraint petition (PRP) arguing multiple grounds for relief, based in part on the newly obtained jail records of a trial witness. The Court of Appeals, in an unpublished, split decision, granted Mulamba’s petition with respect to his claims of a Brady violation and a Petrich jury unanimity violation. After review, the Supreme Court reversed the Court of Appeals on both the Brady violation and the jury unanimity claims, and remanded to the Court of Appeals for further consideration of any unresolved issues.