Facts: Respondent Mansour Heidari was convicted of first degree child rape, second degree child molestation, and third degree child molestation in the Superior Court for King County. After exhausting his direct appeals, Heidari filed a personal restraint petition in the Washington Court of Appeals. The Washington Court of Appeals granted the petition and vacated Heidari’s convictions, holding that the evidence supporting the convictions was insufficient as a matter of law because there had not been any actual sexual contact between Heidari and the victim. The Washington Court of Appeals also denied the state of Washington’s motion to direct the entry of judgment on the lesser included offense of attempted second degree child molestation. The state of Washington appealed this ruling to the Supreme Court of Washington.
Question(s): Did the Washington Court of Appeals lack the power to direct the entry of judgment on the lesser included offense of second degree child molestation?
Conclusion: Justice Alexander’s opinion for the Court affirmed the Washington Court of Appeals, concluding that judgment could not be directed on the lesser included offense of second degree child molestation because the jury had not been instructed on that charge. In particular, the Court found that to hold otherwise would be harmful to defendants because it would deny them the opportunity to defend against lesser included charges.
Petitioner: State of Washington
(Counsel: Ann Marie Summers)
Respondent: Mansour Heidari
(Counsel: David Bruce Koch)
- Appellant's Reply
- Appellant's Supplemental Brief
- Personal Restraint Petition
- Petitioner's Reply
- Petitioner's Supplemental Brief
- Petitioner's Supplemental Reply
- Respondent's Supplemental Brief
- Respondent's Supplemental Response to Personal Restraint Petition
- Response to Personal Restraint Petition
- Statement of Additional Authority Citing State vs Brown
- Statement of Additional Authority Citing State vs Chhom
- Supplemental Brief of Respondent
Argument: Tuesday, November 8, 2011 2:30pm
[Source: TVW, http://tvw.org]
Audio: Court of Appeals Division I
Audio: Washington Supreme Court
Decided: Thursday, April 19th, 2012
Prevailing Party: Mansour Heidari (Respondent)
Court: Madsen2 Court (2011)
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.