Washington v. Otton (Majority and Concurrence)
Annotate this CasePetitioner Nalda Otton sought reversal of his convictions for second degree assault and felony harassment. Otton and the victim had a romantic relationship and lived in the same household. The victim was disabled due to a history of multiple brain surgeries and sometimes had difficulties with memory and speaking. Late one night in December 2012, Otton and the victim had a confrontation. After Otton left the house, the victim called 911. When the police arrived, the victim gave a written statement, signed under penalty of perjury, alleging that Otton held her on the bed and against the wall by her neck so that she could not breathe and told her he was going to kill her. The victim testified at Otton's trial, and because her testimony was inconsistent with her prior sworn statement to police about the incident, the trial court admitted the victim's prior statement as substantive evidence. Otton acknowledged that the trial court's decision and the Court of Appeals opinion affirming that decision were proper in accordance with long-standing precedent. But in this appeal, Otton asked the Supreme Court to reject that precedent. The victim's statement was not hearsay, and admissible as substantive evidence. A question arose on whether the victim's police interview was an "other proceeding" contemplated by ER 801(d)(1)(i). When confronted with the same question in 1982, the Supreme Court declined to issue a categorical ruling that a police interview was either always or never considered an "other proceeding." The Court had not reexamined that 1982 case since it was issued. Based on that precedential case, the Court of Appeals formulated a four-factor test for determining whether an out-of-court statement by a nonparty witness was admissible. Otton did not challenge the trial court's discretionary determinations with regard to the four-part test; instead he argued the Supreme Court should reject the 1982 case. Finding that Otton has not shown that the 1982 case was incorrect, or any other reversible reason, the Supreme Court declined Otton's invitation and affirmed the Court of Appeals.
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