GLEBE VS FROST
Published on Nov 26, 2015
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PRESENTATION OUTLINE
CASE
- PATRICK GLEBE, Superintendent, Stafford Creek Corrections Center, Petitioner,
- JOSHUA JAMES FROST, Respondent.
DATES
- Decided November 17, 2014
- Started April 2003
JUSTICES
- THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
- The Washington Supreme Court
- Barbara Madsen, Sheryl McCloud, Mary Yu
- Charles Johnson, Charles Wiggens, Steven Gonzalez
- Susan Owens, Mary Fairhurst, Debra Stephens
CHIEF
- Chief Justice Charles W. Johnson
WHAT HAPPENED
- In April of 2003,Joshua Frost helped two associates commit a series of armed robberies in the State of Washington.
- Frost drove his confederates to and from their crimes.
- On one occasion, he also entered the house being robbed.
- On another, he performed surveillance in anticipation of the robbery.
AFTER THAT
- Washington charged Frost with robbery and related offenses.
- Frost admitted to his involvement, but claimed he acted under duress.
APPEALS
- Supreme Court held that any error was harmless beyond a reasonable doubt.
- State failed to meet its burden of proving that Frost was an accomplice to the crimes
- Frost acted under duress
THE SUPREME COURT’S OPINION
- The Justices agreed that the trial might well have violated Frost’s rights.
- Though reasonable minds could disagree, some of those minds, if they were within the Ninth Circuit’s jurisdiction, would be very wrong
- But the Supreme Court felt that their hands were tied by the AEDPA because under that act.
CONCLUSION
- The jury convicted Frost of six counts of robbery, one count of attempted robbery, one count of burglary, and two counts of assault
- The Washington Supreme Court sustained Frost’s con- viction
- The case was sent back to the Court or Appeals and they just might use the harmless error issue as grounds to reverse the conviction and order a new trial.
