Facts: Petitioner Lisa Mullen was convicted of first degree theft, conspiracy to commit first degree theft, and criminal profiteering in the Superior Court for Skagit County after embezzling funds from her employer. After subsequently obtaining a previously sealed deposition of her employer’s accountant taken in a civil action filed by her employer against the accountant’s firm, Mullen filed a motion for a new trial, asserting that the deposition testimony supported her defense that her employer had authorized her use of company funds and that the prosecution’s failure to disclose the information contained in the deposition and in other documents pertaining to the civil action violated the rule promulgated by the United States Supreme Court in Brady v. Maryland, which held that due process requires that prosecutors not withhold exculpatory evidence. The trial court rejected the motion. Upon appeal, the Washington Court of Appeals affirmed the trial court’s ruling. Mullen appealed this decision to the Supreme Court of Washington.
Question(s): Did the trial court abuse its discretion in refusing to grant Mullen a new trial in light of the new evidence?
Conclusion: Justice James M. Johnson’s opinion for a unanimous Court affirmed the Washington Court of Appeals, concluding that Mullen was not denied due process by the prosection’s failure to disclose the information contained in the deposition and in other documents pertaining to the civil action insofar as all of this information was either immaterial, non-exculpatory, or potentially available to the defense prior to Mullen’s trial.
Docket No. 83981-6; 84283-3 (from Court of Appeals Division I Case No. 59388-9)
Appellant: Lisa Mullen
(Counsel: Craig Douglas Magnusson, Jennifer Lynn Castro, and Gregory Charles Link)
Respondent: State of Washington
(Counsel: Erik Pedersen)
Briefs:
- Appellant Brief
- Appellant Brief in Dean
- Appellant's Reply
- Appellant's Reply - Amended
- Appellant's Reply - Second Amended
- Petition for Review
- Petition for Review in Dean
- Reply in Dean
- Respondent Brief
- Respondents Brief in Dean
- Statement of Additional Auth
- Supplemental Brief of Petitioner Dean
- Supplemental Brief of Petitioner Mullen
- Supplemental Brief of Respondent
Argument: Thursday, February 17, 2011 1:30pm
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, June 23rd, 2011
Prevailing Party: State of Washington (Respondent)
Vote: 9-0
Citation: Pending
Court: Madsen2 Court (2011-)
Madsen
Johnson
Alexander
Chambers
Owens
Fairhurst
Johnson
(Majority)
Stephens
Wiggins
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.