Summary
The Washington Supreme Court granted Mathew Moi’s personal restraint petition, holding that double jeopardy and collateral estoppel barred the State from retrying him for murder where he had previously been acquitted of unlawfully possessing the firearm the State alleged was used in the murder. The court rejected the State’s arguments that applying collateral estoppel would be unjust because Moi sought severance of the charges or presented unexpected testimony. The court remanded for further proceedings consistent with its opinion.
Holdings
- Collateral estoppel barred the State from retrying Moi for murder because the prior acquittal necessarily and finally resolved against the State the identical ultimate factual issue that Moi possessed the gun used to kill McGowan, and the State conceded the first three elements of Washington's collateral-estoppel test.
- Applying collateral estoppel did not work an injustice. Moi's request for severance and agreement to a bench trial did not waive or forfeit his double jeopardy protection, and his testimony identifying another possible shooter did not deprive the State of a full and fair opportunity to litigate the firearm-possession issue.
Questions Presented
- Whether collateral estoppel incorporated into the Double Jeopardy Clause barred the State from retrying Moi for murder when he had previously been acquitted of unlawfully possessing the firearm that the State alleged was used to commit the murder.
- Whether applying collateral estoppel would work an injustice because Moi moved to sever the charges, agreed to a bench trial on the firearm charge, or presented different exculpatory testimony at the first trial.
Disposition
remanded
Cases Cited (30)
- State v. Moi, 165 Wn. App. 1006(followed for procedural history)
- In re Pers. Restraint of Moi, 182 Wn.2d 1015, 344 P.3d 688 (2015)(followed)
- In re Pers. Restraint of Orange, 152 Wn.2d 795, 804, 815, 822, 100 P.3d 291 (2004)(followed)
- State v. Gocken, 127 Wn.2d 95, 100, 896 P.2d 1267 (1995)(followed)
- State v. Freeman, 153 Wn.2d 765, 770, 108 P.3d 753 (2005)(followed)
- State v. Johnston, 100 Wn. App. 126, 137, 996 P.2d 629 (2000)(followed)
- State v. Williams, 132 Wn.2d 248, 254, 937 P.2d 1052 (1997)(followed)
- McDaniels v. Carlson, 108 Wn.2d 299, 303, 738 P.2d 254 (1987)(followed)
- Dowling v. United States, 493 U.S. 342, 347, 110 S. Ct. 668, 107 L. Ed. 2d 708 (1990)(followed)
- Ashe v. Swenson, 397 U.S. 436, 437-47, 90 S. Ct. 1189, 25 L. Ed. 2d 469 (1970)(followed)
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