No. 18-6485

Richard Elliott Cain v. Washington

Lower Court: Washington
Docketed: 2018-10-29
Status: Denied
Type: IFP
IFP
Tags: 6th-amendment character-evidence constitutional-rights criminal-procedure criminal-procedure-evidence due-process evidence fair-trial jury-instruction jury-instructions propensity-evidence search-warrant
Key Terms:
DueProcess FourthAmendment CriminalProcedure
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the trial court erred in failing to give the jury a limiting instruction after permitting character and propensity evidence

Question Presented (OCR Extract)

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

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-10-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2018)

Attorneys

Richard Cain
Richard Elliott Cain — Petitioner