Facts: Petitioner Vasquez Depaz was convicted of rape in the Superior Court for King County after the only juror who had expressed opposition to finding Depaz guilty during deliberations was dismissed for misconduct after discussing the case with her husband. Depaz appealed his conviction, asserting that the trial court had abused its discretion in dismissing the juror. The Washington Court of Appeals affirmed Depaz’s conviction, ruling that misconduct such as that engaged in by the juror gave rise to a presumption of prejudice. Depaz appealed this decision to the Supreme Court of Washington.

Question(s): Did the trial court abuse its discretion by dismissing the only juror preventing a verdict from being reached without a finding of actual prejudice?

Conclusion: Justice Owens’ opinion for the Court held that in cases involving the dismissal of such “holdout” jurors whose dismissal would have a direct and foreseeable effect upon the outcome of the case, preserving the defendant’s right to due process and a unanimous verdict by a fair and impartial jury requires that a finding of actual prejudice be made. Thus, as there was no evidence that the juror’s communications with her husband regarding the case had resulted in her being improperly influenced, the Court ruled that the trial court had abused its discretion and vacated Depaz’s conviction.

Docket No. 80574-1 (from Court of Appeals Division I Case No. 57081-1)

Petitioner: Vasquez Depaz

(Counsel: Eric Broman)

Respondent: State of Washington

(Counsel: Daniel T. Satterberg and Andrea R. Vitalich)

Briefs:

Argument: Tuesday, September 16, 2008 2:30pm

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

Decided: Thursday, April 2nd, 2009

Vote: 9-0

Opinion: 165 Wn.2d 842 (2009)

Court: Alexander4 Court (2008-2009)

Alexander

Johnson

Madsen
(Concurs)

Sanders

Chambers

Owens
(Majority)

Fairhurst

Johnson

Stephens