Washington v. Gates
- Case No.: 102534-3
- Jurisdiction: Supreme Court of the State of Washington
- Brief Filed: January 16, 2024
Briefs
Prior Decision
Decision below State v. Gates, No. 83243-3-I (Wash. Ct. App. Oct. 9, 2023)
Argument(s)
ER 609, which allows for the impeachment of witnesses using prior convictions, poses a high risk of unfair prejudice, especially given that the historical precedent set by Ray, which deemed prior theft crimes as indicative of truthfulness, is now considered outdated and contradicted by current empirical research. Revisiting Ray and re-evaluating the broader practice of using prior convictions for impeachment is supported by both legal precedent and evolving legal momentum.
Author(s)
Robin Wechkin, NACDL, Issaquah, WA, Monica Milton, NACDL, Washington, DC, Julia Simon-Kerr, University of Connecticcut School of Law, Hartford, CT, Anna Roberts, Brooklyn, NY
