In re Pers. Restraint of Gentry (Majority and Dissent)
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Jonathan Lee Gentry was convicted for the 1991 aggravated first degree murder of 12-year-old Cassie Holden and sentenced to death by a jury. One of the issues he raised on appeal was a claim that the decision to pursue a capital case against him, and the trial that ensued, was unfairly tainted by the specter of racial bias on the part of the prosecution. The Supreme Court rejected that contention, concluding in part that Gentry had not shown prejudice resulting from any misconduct. The Court's recent decision in "Washington v. Monday," (257 P.3d 551 (2011)), held that when a party shows prosecutorial misconduct based on racial bias, it is the State's burden to show harmlessness beyond a reasonable doubt. Gentry brought a personal restraint petition in light of the Court's holding in "Monday." "While we believe the rule in Monday is critically important to our justice system, we conclude it does not qualify as a 'watershed' rule that can be applied retroactively."
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