Facts: After fatally stabbing his mother, Pamela Kissinger, petitioner Joshua Hoge was charged with murder but ultimately found not guilty by reason of insanity. Kissinger’s estate subsequently obtained a wrongful death settlement from the mental health care provider that had failed to timely provide the medication needed to control Hoge’s mental illness. After the settlement was reached, the executor of the estate, respondent Leonard Hoss, filed a petition to prohibit Hoge from collecting any portion of the settlement, asserting that Hoge was barred from doing so by Washington Revised Code §11.84, which prohibits individuals who have willfully and unlawfully killed another person from collecting any benefit as a result of their actions. The trial court granted the petition, ruling that Hoge was a “slayer” for purposes of §11.84 and therefore could not benefit from the settlement regardless of the fact that he had been found not guilty of his mother’s murder as the killing was willful and unlawful despite the affirmative defense of Hoge’s mental illness. The Washington Court of Appeals affirmed the trial court’s decision. Hoge appealed this decision to the Supreme Court of Washington.

Question(s): May an individual acquitted of murder by reason of insanity nonetheless be a “slayer” for purposes of §11.84?

Conclusion: Justice Chambers’ opinion for a unanimous Court affirmed the Washington Court of Appeals, concluding that a criminal conviction of intentional homicide is not required for an individual to be deemed a “slayer” under §11.84, which is a civil statute that permits courts to independently determine whether an individual acted willfully and unlawfully. Thus, as Hoge’s insanity was merely an affirmative defense that precluded punishment but did not render the killing of his mother lawful and as the killing had been willful, the Court held that Hoge was barred from sharing in the proceeds of the settlement.

Docket No. 81328-1 (from Court of Appeals Division I Case No. 58932-6)

Appellant: Joshua Hoge

Appellee: In re Estate of Pamela L. Kissinger, Leonard Hoss

Briefs:

Argument: Thursday, February 12, 2009 1:30pm

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

Decided: Thursday, May 7th, 2009

Prevailing Party: In re Estate of Pamela L. Kissinger, Leonard Hoss (Appellee)

Vote: 9-0

Citation: Pending

Alexander

Johnson

Madsen

Sanders

Chambers
(Concurs)

Owens

Fairhurst

Johnson

Stephens