STATE v. PIERCE

No. 96344-4 (consolidated with No. 96345-2).

455 P.3d 647 (2020)

STATE of Washington, Petitioner, v. Karl Emerson PIERCE, Respondent. State of Washington, Petitioner, v. Michael William Bienhoff, Respondent.

Supreme Court of Washington.

Filed January 9, 2020.


Attorney(s) appearing for the Case

James Morrissey , Whisman King County Prosecutor's Office, 516 3rd Avenue, W554 King County Courthouse, Seattle, WA 98104-2385, for petitioner.

Christopher Gibson , Nielsen Koch PLLC, 1908 E. Madison Street, Seattle, WA 98122-2842, Maria Leslie Zink , Luminata, PLLC, 2033 6th Avenue, Suite 901, Seattle, WA 98121-2568, for respondents.

Nancy Lynn Talner , Antoinette M. Davis , ACLU-WA, P.O. Box 2728, Seattle, WA 98111-2728, for Amicus Curiae (American Civil Liberties Union of Washington)

Jessica Levin , Robert S. Chang , Seattle University School of Law, 901 12th Avenue, Korematsu Center For Law & Equality, Seattle, WA 98122-4411, for Amicus Curiae (Fred T. Korematsu Center For Law and Equality)

Rita Joan Griffith , Attorney at Law, 4616 25th Avenue NE, PMB 453, Seattle, WA 98105-4523, for Amicus Curiae (Washington Association of Criminal Defense Lawyers)

Gretchen Eileen Verhoef , Spokane County Prosecutors Office, 1100 W. Mallon Avenue, Spokane, WA 99260-0270, for Amicus Curiae (Washington Association of Prosecuting Attorneys)

Hillary Ann Behrman , The Washington Defender Association, 110 Prefontaine Place South #610, Seattle, WA 98104-2626, for Amicus Curiae (Washington Defender Association)


¶ 1 Our constitutions separate power into many hands. Among those hands are the hands of the jury. CONST. art. I, § 22; U.S. CONST. amend. VI. Juries are just as vital a check on government power as the separation of powers between the legislative, executive, and judicial branches. See Hale v. Wellpinit Sch. Dist....

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