Washington v. Pickens

Mark Pickens was convicted of two counts of first degree statutory rape and one count of second degree statutory rape. He appeals those convictions, making essentially two assignments of error. First, he alleges the court erred in failing to instruct the jury that they must find the act charged in count 2 occurred at a particular time mentioned by the victim. One witness refused to submit to potentially incriminating cross-examination concerning his possible self-interest in cooperating with the State. Defendants second allegation is that he was denied his Sixth Amendment right to confront this witness, and that the testimony should have been stricken. Although we find no error in the instructions, we agree that the confrontation clause was violated and reverse Pickens conviction on count 1. The challenged testimony did not, however, corroborate the other counts; thus we affirm those convictions.