State v. Smith (Washington) case brief

State v. Smith (Wash. 1982) – pushes “or other proceeding” language.

97 Wn.2d 856, 651 P.2d 207, 1982 Wash.

FACTS

Smith is Conlin’s pimp; Smith beat her up badly; C signed, under oath (with a notary) an affidavit describing what happened, naming Smith as perpetrator of assault; then C changed her story at trial, named Gomez instead as perpetrator.

Prosecutor wants to use C’s stationhouse affidavit to support his theory of the case

ISSUE

Whether that stationhouse affidavit is “another proceeding” within meaning of the rule in Washington state courts.

Note: in federal system, a stationhouse affidavit wouldn’t be viewed as a proceeding (under the language and legislative history of the rule)

HOLDING

 (In WA): construed its evidence rule to include this event as a proceeding; analogized to a grand jury proceeding.