No. 22-348

Floyd Tayler v. Washington

Lower Court: Washington
Docketed: 2022-10-13
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: aggravating-factors criminal-procedure criminal-sentencing domestic-violence jury-instruction jury-instructions pattern-aggravator reasonable-doubt statutory-interpretation unanimity
Key Terms:
DueProcess FirstAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2022-11-18 (distributed 2 times)
Question Presented (AI Summary)

Must the jury be unanimously instructed to find each underlying domestic violence incident beyond a reasonable doubt?

Question Presented (OCR Extract)

QUESTION PRESENTED Must the jury, in deciding whether a defendant has committed the domestic violence pattern aggravator, RCW 9.94A.535 (8) (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?

Docket Entries

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

Attorneys

Flyod Tayler
William Joseph Johnston — Petitioner
William Joseph Johnston — Petitioner
State of Washington
Hilary Ann ThomasWhatcom County Prosecuting Attorney's Office, Respondent
Hilary Ann ThomasWhatcom County Prosecuting Attorney's Office, Respondent