Last week, a divided Washington Supreme Court properly recognized that crime victims can, in appropriate cases, intervene in a criminal appeal brought by a criminal defendant. The Court joins other courts in recognizing that limited-purpose party standing is appropriate for victims when they have interests directly at stake in the appeal.
The case involved a defendant appealing his criminal conviction for second-degree murder, with a finding that it was a crime of domestic violence. In the trial court, the defendant moved to subpoena the medical records of the decedent victim. The mother of the victim (representing the victim's interests) intervened and objected. The defendant did not object to the mother's intervention at the trial court and, in fact, agreed that she had the right to oppose his motions. The trial court denied the defendant's motions to obtain the records, and he was convicted. His challenge to the conviction reached Washington's appellate courts, and the Washington Court of Appeals allowed the mother to intervene to oppose access to her daughter's medical records.
The Washington Supreme Court affirmed the decision allowing the intervention:
