Skip to content

Division 2 Court of Appeals

State of Washington v Kerry G. Smith. Whether the State committed misconduct when it elicited testimony about Smith wearing gender non-conforming clothing at the time of the crime and made references to Smith’s clothing during closing argument, such that the jury relied upon gender non-conforming bias or prejudice and “othered” Smith. Additionally, whether the trial court erred when it (1) used initials to describe the victim in a to-convict instruction, and (2) ordered Smith to pay a legal financial obligations? Case No. 577895.