A Lynnwood man's conviction for third-degree child rape has been overturned by the state Supreme Court, which ruled that prosecutors were wrong to tell jurors his refusal to discuss the case with police implied guilt.State v. Burke, No. 78528-7, majority (Chambers, J.), dissent (Madsen, J.).
During his 2004 trial, Justin Burke testified he believed the girl was 16 — the age of consent — when they had consensual sex at a party in 2003. But Snohomish County prosecutors implied to jurors that if Burke had truly believed that, he would have told his side of the story to police during his initial interview.
The jury later found Burke guilty of third-degree child rape and he was sentenced to 13 months in prison.
A sharply divided Supreme Court, in a 5-4 ruling issued Thursday, agreed with Burke's appeal attorneys who argued it was unfair and unconstitutional to use his silence against him.
From 2005 to 2015 this blog presented news items and resources relating to trial advocacy and the legal system, with a focus on Washington State. It was developed to support the Trial Advocacy Program at the University of Washington School of Law, but broadened to include appellate practice, the courts, access to justice, and related topics. It is no longer active.
Saturday, March 15, 2008
Justices toss out rape conviction
Justices toss out rape conviction, Seattle Times, March 14, 2008:
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