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Keywords

lawsuitsettlementstatutetrialwill

statutetrialplea

Related Cases

In re Estate of Kissinger, 166 Wash.2d 120, 206 P.3d 665

Facts

Joshua Hoge was found not guilty by reason of insanity for the murder of his mother, Pamela Kissinger, and his stepbrother, James Zachary Kissinger. Following the murders, Pamela's estate filed a wrongful death lawsuit against the state mental health agency, which was settled. The personal representative of the estate argued that Hoge was a 'slayer' under Washington's slayer statute and should be barred from receiving any settlement proceeds. The trial court found that despite Hoge's mental illness, he acted willfully and unlawfully in the killings.

Hoge was charged with two counts of aggravated murder in the first degree and one count of attempted murder in the first degree. He pleaded not guilty by reason of insanity.

Issue

Whether a finding of not guilty by reason of insanity absolves an individual from being classified as a 'slayer' under Washington's slayer statute, thereby allowing them to benefit from the proceeds of a wrongful death settlement.

We are asked to decide if a finding of 'not guilty by reason of insanity' is a complete defense to the slayer statute.

Rule

The slayer statute prohibits individuals who have participated in the 'wilful and unlawful' killing of another person from receiving any benefit as a result of their acts. A finding of not guilty by reason of insanity does not make an otherwise unlawful act lawful for the application of the slayer statute.

Washington's slayer statute prohibits individuals who have participated in the 'wilful and unlawful' killing of another person from receiving any benefit as a result of their acts.

Analysis

The court determined that Hoge's acquittal by reason of insanity did not negate the unlawful nature of his actions. The court emphasized that the slayer statute is civil in nature and that the determination of whether a killing was willful and unlawful must be made independently of any criminal proceedings. The court found that Hoge acted with premeditated intent, thus satisfying the definition of willful under the slayer statute.

The affirmative defense of insanity precludes criminal punishment, but it does not legally authorize a person to kill another human being. Nor does it negate a necessary element of the crime.

Conclusion

The Supreme Court affirmed the lower court's ruling, concluding that Hoge was barred from recovering any proceeds from the settlement due to his willful and unlawful actions in the killings.

We hold that a finding of not guilty by reason of insanity does not make an otherwise unlawful act lawful for application of the slayer statute.

Who won?

Pamela Kissinger's estate prevailed in the case because the court upheld the application of the slayer statute, which prohibits Hoge from benefiting from his unlawful actions.

The trial court specifically found that '[n]otwithstanding his mental illness, Hoge subjectively knew he was killing a human being when he stabbed Pamela Kissinger, and did so with premeditated intent.'

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