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Supreme Court’s Andress Case “Rewrites the Law,” says Alexander October 25, 2002 Bremerton, WA – Steve Alexander, write-in candidate for Position 4 on the Washington Supreme Court, issued the following statement regarding the Court’s October 24 Andress[1] decision:
The majority’s opinion is long on history, but short on analysis. The majority’s decision is against the plain meaning of the statute, fails to apply prior Supreme Court precedent, and devalues the victims of violent crimes.
The plain meaning of the statute is that second-degree felony assault qualifies as “any felony” for purposes of second-degree felony murder.[2] Even if the majority feels this is “unduly harsh,” it is not entitled to rewrite the statute. I agree with the dissent that the opinion is an invasion of the legislative power to define crimes.
The majority’s application of the “in the furtherance of” clause contorts the language of the statute. Under RCW 9A.32.050(1)(b), a person is guilty of murder in the second degree when, “in the course of and in furtherance of [any felony]…he…causes the death of a person other than one of the participants.”[3] This clause requires that the resulting death must be related to the underlying felony, or in the words of State v. Leech, must have “a close proximity in terms of time and distance between the felony and the homicide.”[4] In this case, there was a close proximity in time and distance between the felonious stabbing of Edwin Foster and his death. The majority’s analysis turns a sensible limitation on the felony murder rule into a judicial license to rewrite the law.
Steve Alexander filed as a write-in candidate for Supreme Court, Position 4 on October 8, 2002. His opponents are Charles Johnson and Pam Loginsky. Charles Johnson is the incumbent, and joined the majority opinion in the Andress case.
For more information, including other recent controversial decisions of the Supreme Court, visit the Supreme Power website at www.judgestevealexander.com/supreme.html. -------------------------------------------------------------------------------- [1] In re Personal Restraint of Shawn Andress, Docket No. 71170-4, available at http://www.courts.wa.gov/opinions/opindisp.cfm?docid=711704MAJ. [2] RCW 9A.32.050(1)(b) states that a person is guilty of murder in the second degree when “He commits or attempts to commit any felony other than those enumerated in RCW 9A.32.030(1)(c), and, in the course and in furtherance of such crime or in immediate flight therefrom, he, or another participant, causes the death of a person other than one of the participants…” [3] RCW 9A.32.050(1)(b). “Any felony” refers to “any felony other than those enumerated in RCW 9A.32.030(1)(c).” RCW 9A.32.030(1)(c) is the first-degree felony murder statute. [4] State v. Leech, 790 P.2d 160 (1990). (360) 373-1277 or by email at judgestevealexander@hotmail.com. |