Washington Supreme Court

State v. Jones

April 15, 2010230 P.3d 576

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 alleged victim about his account that the sexual encounter occurred consensually during a sex party. The court also held that the rape shield statute did not apply because the evidence concerned sexual conduct occurring on the night of the alleged offense, and that the constitutional error was not harmless beyond a reasonable doubt. The court reversed and remanded for a new trial and directed the State not to repeat improper closing-argument comments concerning Jones's silence and refusal to provide a DNA sample.