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State v. Allen Gregory, WSSC #88086-7

Mr. Gregory was charged in a capital case in 2001 and convicted for aggravated murder in State v. Gregory, 158 Wn.2d 759 (2006). The Supreme Court reversed his death sentence for prosecutorial misconduct and remanded for re-sentencing. On remand the State proceeded with a second penalty phase and on May 15, 2012 the jury rendered a second death sentence. This second appeal is again before the WA supreme court on direct review from the trial court pursuant to RCW 10.95.130(2)(b) which mandates the Court to conduct a proportionality review at this stage where the Court is required to assess whether or not the death penalty has been imposed in an arbitrary manner.

Issues

Issues in this appeal include whether or not: there should have been a second penalty phase after the remand, prosecutorial misconduct during closing argument, the mandated proportionality review demonstrates that the death penalty as used in WA is arbitrary and inconsistent, and the persistence of racial discrimination in the application of the death penalty renders it unconstitutional.

WACDL Amicus

WACDL joined the ACLU and others in the amicus brief filed in January 2016 which specifically addressed whether at the death penalty is constitutional when the imposition is dependent upon the depths of the pockets of the community in which the crime took place and not, as constitutionally required, by the egregiousness of the offense and circumstances of the defendant's life. Additionally, amicus addressed the persistence of racial discrimination in the application of the death penalty renders it unconstitutional and the arbitrary nature and unpredictability in the imposition diminishes any deterrent or retributive value and there is no empirical evidence that the death penalty has any deterrent effect on crime.

WACDL Amicus Author

Colleen O'Connor

Appellate Author

Lila Silverstein, Neil Fox

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