Cecil Emile Davis

Cecil Emile Davis of Washington State will receive a new sentencing trial. Davis was convicted of raping and murdering Yoshiko Couch (the details of which are indeed horrifying)in the late 1990s. The Washington Supreme Court recently upheld Davis's conviction but ruled 8-1 that he should receive a new sentencing trial. In this appeal, Davis alleged several instances of ineffective assistance of counsel as to both the liability and penalty phases of his trial. The justices focused on the potential for prejudice during the penalty phase and Davis's counsel's failure to address this question (racial prejudice and the effect the leg chains Davis was forced to wear had on his jury). Prejudice during the penalty phase, the court said, cannot be overcome by objective evidence.

Though only 8 justices joined the majority opinion, all 9 justices agreed that the penalty phase should be redone. The one dissenting justice differed with the rest of the court and wrote that he felt the entire conviction should be vacated and Davis should be completely retried.

High court OKs new penalty trial