Summary
The Washington Supreme Court considers whether double jeopardy bars retrial after a jury acquitted the defendant on one charged alternative means of second-degree assault but deadlocked on another. The court holds that jeopardy terminated only as to the acquitted count and not as to the count on which the jury deadlocked or the overall assault offense. The court therefore affirms the Court of Appeals and permits retrial on the deadly-weapon assault count.
Topics
Practice areas
Questions Presented
- Whether the Double Jeopardy Clause bars retrial on an alternative means of second degree assault when the jury acquitted the defendant on one charged alternative means but deadlocked on the other.
- Whether charging alternative means of a single offense in separate counts changes the double-jeopardy analysis.
Holdings
- When the State charges alternative means of committing one offense in separate counts and the jury acquits on one count but deadlocks on the other, the State may retry the defendant on the count on which the jury was hung. Retrial does not violate double jeopardy because jeopardy terminated only as to the acquitted means, not as to the hung count or the overall offense.
- Whether alternative means are charged in separate counts or in a single count does not change the double-jeopardy analysis when the charged means constitute one offense.
Key quotations
“We hold that when the State charges alternative means of committing an offense in separate counts and the jury acquits on one count but deadlocks on the other, the State may retry the defendant on the count on which the jury was declared hung.” (at 13)
“Retrial on that count does not violate the prohibition against double jeopardy because jeopardy never terminated as to that count or as to the overall offense.” (at 13)
Factual background
Fuller allegedly struck Robert Scott on the outer left arm with an aluminum baseball bat after Scott and another person confronted Fuller about allegedly stealing neighborhood children's bicycles. The State charged two counts of second degree assault based on alternative means: recklessly inflicting substantial bodily harm and assault with a deadly weapon. The jury acquitted Fuller of the substantial-bodily-harm count but deadlocked on the deadly-weapon count.
Procedural history
Fuller was charged with two counts of second degree assault, charged as alternative means, along with property offenses. The jury acquitted him on the substantial-bodily-harm assault count and was unable to reach a verdict on the deadly-weapon assault count; the trial court declared a mistrial as to the latter count. The superior court denied dismissal, the Court of Appeals affirmed, and the Washington Supreme Court affirmed the Court of Appeals.