Facts:  Petitioner Kendra Watt was convicted of criminal mistreatment and the possession and manufacture of methamphetamine after a trial in which out of court statements made by her husband were admitted into evidence.  Watt appealed her convictions, asserting that the admission of her husband’s out of court statements violated her right under the 6^th Amendment to the United States Constitution to be confronted with the witnesses against her.  The Washington Court of Appeals and the Supreme Court of Washington both affirmed Watt’s convictions.  However, the United States Supreme Court vacated Watt’s convictions and remanded the case for reconsideration in light of its decision in Crawford v. Washington.  The Washington Court of Appeals once again affirmed Watt’s convictions, holding that while the admission of Watt’s husband’s out of court statements violated Watt’s right to confrontation, the error was harmless as overwhelming evidence supported her convictions.  Watt appealed this decision to the Supreme Court of Washington, asserting that under Crawford, violations of a defendant’s right to confrontation are not subject to harmless error analysis.

Question(s):  Did the admission of her husband’s out of court statements violate Watt’s right to confrontation?

If so, was the error harmless?

If so, does Crawford nonetheless require automatic reversal?

Conclusion:  Justice Madsen’s opinion for the Court affirmed the Washington Court of Appeals, concluding that while the admission of Watt’s husband’s out of court statements violated Watt’s right to confrontation, the error was harmless as overwhelming evidence supported her convictions.  The Court also held that Crawford does not require automatic reversal in cases in which a defendant’s right to confrontation has been violated.

Docket No. 77281-9 (from Court of Appeals Division III Case No. 21148-7)

Petitioner: Kendra Watt

(Counsel: Terry Jay Bloor)

Respondent: State of Washington

(Counsel: Douglas Dwight Phelps)

Argument: Thursday, October 19, 2006 9:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, June 14th, 2007

Prevailing Party: State of Washington (Respondent)

Vote: 9-0

Citation: Pending

Court: Alexander3 Court (2005-2007)

Alexander

Johnson

Madsen

Sanders

Bridge

Chambers

Owens

Fairhurst

Johnson