State v. Emilio Ramon PayPay
- Emilio Ramon Pay-Pay challenges his conviction for murder in the first degree on several grounds. First, he challenges the State’s exercise of a peremptory challenge against a juror of color under GR 37. He also challenges the admission of evidence under ER 404(b) and ER 901. Further, he claims prosecutorial misconduct and cumulative error. Regarding his sentencing, he challenges the denial of a continuance to obtain an expert report regarding his youthfulness. He also claims the court failed to meaningfully consider his youth, improperly relied on unproven facts, and demonstrated judicial bias. Pay-Pay also seeks remand to recalculate his offender score based on legislative changes that prohibit using juvenile adjudications, because a jury was required to make the factual determination that his juvenile adjudications constituted the “same course of conduct,” and to strike the Victim Penalty Assessment. COA #862839. King County Superior Court #21-1-04846-6 SEA.