State v. Mohamed

358 P.3d 442 (2015)

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State v. Mohamed

Washington Court of Appeals
358 P.3d 442 (2015)

Facts

Sayiden Mohamed (defendant) was charged with assault. At trial, Mohamed called Dr. Robert Julien as his only witness to testify that Mohamed had been in a state of alcohol-induced blackout that prevented Mohamed from forming the required intent for assault. Julien’s opinion was based in part on a conversation with Mohamed about the night in question. Julien testified that during that conversation, Mohamed had told Julien how many drinks he had consumed on the night in question. On cross-examination, the prosecution (plaintiff) sought to impeach Mohamed’s out-of-court statement to Julien based on Mohamed’s prior convictions, pursuant to Washington Evidence Rule 806. The trial court permitted this impeachment, and the jury convicted Mohamed. The trial court granted Mohamed’s motion for new trial on the ground that the statements to Julien were offered not for the truth of the matter asserted but for forming the basis of Julien’s expert opinion. Accordingly, the statements could not be used to impeach Mohamed with the prior convictions. The prosecution appealed.

Rule of Law

Issue

Holding and Reasoning (Trickey, J.)

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