Richard Elliott Cain v. Washington
DueProcess FourthAmendment CriminalProcedure
Whether the trial court erred in failing to give the jury a limiting instruction after permitting character and propensity evidence
QUESTION(S) PRESENTED 1, WHETHER THE TRIAL COURT ERRED IN FAILING TO GIVE THE JURY A LIMITING INSTRUCTION AFTER PERMITTING CHARACTER AND PROPENSITY EVIDENCE TO BE INTRODUCED AT TRIAL UNDER ~ ER 404(b) -AND ER 403 WHEN AN INSTRUCTION. WAS BOTH REQUESTED AND PROPOSED BY THE DEFENSE, DEPRIVING MR. : . CAIN OF THE RIGHT TO A FAIR TRIAL? U.S. Const. Amends. 6 and 14, a. ASSIGNMENT OF ERROR 1: The trial court erred in refusing to provide the jury with a limiting instruction after permitting character and . propensity evidence pursuant to ER 404(b) and ER 403, particularly where the defense specifically . requested such an instruction. , 2. WHETHER THE TRIAL COURT FERRED IN FINDING THE SEARCH : WARRANT SEVERABLE, AND IF SO, WHETHER MR. CAIN SUFFERED : PREJUDICE? U.S. Const. Amends. 4 AND 14, a. ASSIGNMENT OF ERROR 2: The trial court erred in finding that the search warrant for Mr. Cain's premises was severable because it did not meet : each element of the test. b. ASSIGNMENT OF ERROR 3: The search warrant was invalid insofar as the bondage evidence was : concerned because the warrant lacked both probable cause and was likewise overbroad in its request for that evidence. , -i