This Note argues that of the three opinions from Monday, Washington state courts should follow Chief Justice Madsen’s concurring opinion. The Monday decision also raises three questions that none of the opinions adequately answer: who does Monday apply to, what conduct does Monday forbid, and what is the legal source of the rules from Monday? The court will have to answer these questions in the future to determine the scope of its new rules. Part II of this Note discusses how Washington courts previously addressed the issue of prosecutorial misconduct and appeals to racial bias in trials. Part III analyzes the three opinions from Monday. In Part IV, this Note argues in favor of Chief Justice Madsen’s concurrence. Part V looks at the three questions that the Monday opinion raises, and Part VI concludes.
Michael Callahan, “If Justice Is Not Equal For All, It Is Not Justice”: Racial Bias, Prosecutorial Misconduct, and the Right to a Fair Trial in State v. Monday, 35 SEATTLE U. L. REV. 827 (2012).