The State of Washington v. Kevin L. Monday, Jr.

Summary

The court held that the prosecutor deprived Monday of a fair trial by repeatedly invoking a purported racialized code of silence to discredit African American witnesses and by making other improper credibility arguments. Because the misconduct flagrantly or apparently intentionally appealed to racial bias, the State had to prove beyond a reasonable doubt that it did not affect the verdict, which it could not do. Justice Madsen, concurring, would reverse without engaging in harmless-error analysis, while Justice J.M. Johnson, dissenting, would affirm because the videotape and other evidence rendered any misconduct harmless.