Facts: Respondent Arthur Russell was convicted of the rape of his stepdaughter in the Superior Court for Kitsap County after a trial in which evidence of previous instances of sexual abuse committed by Russell against his stepdaughter was admitted pursuant to Washington Rule of Evidence 404(b). Russell subsequently appealed his conviction, asserting that the trial court had erred in admitting the evidence without giving a limiting instruction directing the jury to limit its consideration of the evidence to the question of whether Russell had a lustful disposition toward his stepdaughter and not to use it to infer that Russell had a general disposition toward sexually abusing her. The Washington Court of Appeals vacated Russell’s conviction, ruling that although Russell had not requested a limiting instruction, the trial court’s failure to issue one nonetheless constituted reversible error. The state of Washington appealed this decision to the Supreme Court of Washington.

Question(s): Was the trial court required to give a limiting instruction directing the jury to limit its consideration of evidence admitted pursuant to Rule 404(b) to its intended purpose despite Russell’s failure to request such an instruction?

Conclusion: Justice Fairhurst’s opinion for a unanimous Court reversed the Washington Court of Appeals, concluding that a trial court is not required to issue a limiting instruction when admitting evidence pursuant to Rule 404(b) absent a request for such an instruction. Thus, the Court reinstated Russell’s conviction.

Docket No. 84307-4 (from Court of Appeals Division II Case No. 38233-4)

Petitioner: State of Washington

(Counsel: Russell Duane Hauge and Randall Avery Sutton)

Respondent: Arthur Russell

(Counsel: Bryan G. Hershman)

Briefs:

Argument: Tuesday, January 18, 2011 2:30pm

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

Decided: Thursday, February 24th, 2011

Prevailing Party: State of Washington (Petitioner)

Vote: 9-0

Citation: Pending

Court: Madsen2 Court (2011-)

Madsen

Johnson

Alexander

Chambers

Owens

Fairhurst
(Majority)

Johnson

Stephens

Wiggins