The State of Washington v. Michael Tyrone Gresham, Petitioner the State of Washington v. Roger Alan Scherner

Summary

The court affirmed Schemer’s convictions because evidence of his prior molestations was admissible to show a common scheme or plan, although the trial court’s failure to provide a requested limiting instruction was harmless. It reversed Gresham’s convictions because the statute permitting admission of prior sex offenses irreconcilably conflicted with ER 404(b), regulated a procedural matter reserved to the judiciary, and therefore violated separation of powers; the evidentiary error was not harmless. Chief Justice Madsen, dissenting, and Justice Johnson, concurring in part and dissenting in part, would have upheld the statute and Gresham’s convictions.