Summary
The Supreme Court of Washington held that its decision in In re Personal Restraint of Andress, which barred using assault as the predicate offense for second degree felony murder, applies prospectively to cases that were not final when Andress was decided. Because Hanson's case remained pending on direct review, the court vacated his sentence and remanded for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the Andress decision should be applied prospectively to a case which is not yet final?
Holdings
- Andress applies prospectively to include cases not yet final under RAP 12.7; because Hanson's case was not final when Andress was decided, his conviction for second degree felony murder predicated on assault must be vacated.
Key quotations
“We hold that Andress applies prospectively to include cases not final under RAP 12.7. Hanson's case is not yet final; therefore, we vacate his sentence and remand for further proceedings in accord with this decision.” (889)
“If rights have vested under a faulty rule, or a constitution misinterpreted, or a statute misconstrued, or where, as here, subsequent events demonstrate a ruling to be in error, prospective overruling becomes a logical and integral part of stare decisis by enabling the courts to right a wrong without doing more injustice than is sought to be corrected.... The courts can act to do which ought to be done, free from the fear that the law itself is being undone.” (889)
“The critical issue in applying the current [prospectivity] analysis is whether the case was final when the new rule was announced.” (891)
Factual background
Hanson was charged with second degree felony murder predicated on second degree assault for the death of 34-month-old Nenah Walters, and assault of a child in the third degree. A jury found him guilty of second degree felony murder but not guilty of assault of a child in the third degree. The sentencing court imposed a 300-month exceptional sentence.
Procedural history
Hanson was convicted of second degree felony murder predicated on assault. He appealed to the Court of Appeals; the State moved to transfer the appeal to the Supreme Court, which granted review.
Remand instructions
Remand for further proceedings consistent with the holding that assault cannot serve as a predicate to second degree felony murder.