State v. Daniels

Summary

The Washington Supreme Court held that the State could retry Carissa Daniels on homicide by abuse because the jury's failure to complete the verdict form reflected disagreement rather than an implied acquittal. It also held that retrial on second degree felony murder was permitted because the conviction had been reversed for an error other than insufficient evidence. The court affirmed suppression of Daniels's pre-Miranda statements because she had been subjected to custodial interrogation.

Holdings

1. A jury's failure to reach a verdict, when the record and jury instructions show that the jury disagreed, does not constitute an implied acquittal or terminate jeopardy. The State may retry Daniels on the homicide-by-abuse charge.
2. Reversal of a conviction for a reason other than insufficient evidence does not terminate jeopardy or bar retrial. Because sufficient evidence supported criminal mistreatment as an alternative predicate, Daniels may be retried for second degree felony murder predicated on criminal mistreatment.
3. Daniels was in custody and subjected to custodial interrogation before receiving Miranda warnings. Her statements made before the warnings were properly excluded.

Questions Presented

1. Whether the jury's failure to complete the homicide-by-abuse verdict form constituted an implied acquittal terminating jeopardy and barring retrial on that charge.
2. Whether reversal of Daniels's second degree felony murder conviction on the ground that assault could not be a predicate offense terminated jeopardy and barred retrial on murder predicated on criminal mistreatment.
3. Whether Daniels was in custody when questioned and therefore was entitled to Miranda warnings before the police asked questions likely to elicit incriminating responses.

Disposition

reversed_and_remanded