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Floyd Tayler v. Washington

Paid petition · Court of Appeals of Washington, Division 1, No. 81001-4-I · judgment January 3, 2022


Certiorari denied · November 7, 2022
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Must the jury, in deciding whether a defendant has committed the domestic violence pattern aggravator, RCW 9.94A.535 (3) (h) (i), be instructed that they must be unanimous in their determination that the defendant committed each of the underlying aggravator incidents beyond a reasonable doubt?

Counsel of record

For petitioner
William Joseph Johnston

For respondent
Hilary Ann Thomas
Whatcom County Prosecuting Attorney's Office

Case

Conference history
Distributed for 3 conferences

Linked docket
22A341

Proceedings

  1. Nov 21 2022
    Application (22A341) denied by the Court.
  2. Nov 07 2022
    Petition DENIED.
  3. Nov 02 2022
    DISTRIBUTED for Conference of 11/18/2022.
  4. Nov 02 2022
    Application (22A341) referred to the Court.
  5. Nov 02 2022
    DISTRIBUTED for Conference of 11/18/2022.
  6. Oct 26 2022
    Application (22A341) refiled and submitted to Justice Thomas.
  7. Oct 24 2022
    Application (22A341) denied by Justice Kagan.
  8. Oct 20 2022
    Application (22A341) for a stay, submitted to Justice Kagan.
  9. Oct 19 2022
    DISTRIBUTED for Conference of 11/4/2022.
  10. Oct 17 2022
    Waiver of right of respondent State of Washington to respond filed.
  11. Oct 11 2022
    Petition for a writ of certiorari filed. (Response due November 14, 2022)