Washington Supreme Court

The State of Washington v. Christopher Lawrence Jones

April 15, 2010168 Wash. 2d 713

Summary

The court held that the trial court violated Jones's Sixth Amendment right to present a defense by preventing him from testifying and cross-examining the victim about his account of consensual sexual conduct on the night of the alleged rape. The court also held that the rape shield statute did not apply to contemporaneous conduct and, in any event, could not bar evidence of such high probative value. Because the constitutional error was not harmless beyond a reasonable doubt, the court reversed and remanded for a new trial, directing the State not to repeat improper closing-argument comments concerning Jones's silence and refusal to provide a DNA sample.