Courts Failure to Explain or Clarify the Mens Rea Element
In In re Pers. Restraint of Hews, 99 Wn.2d 80, 87-88, 660 P.2d 263 (1983), Hews pleaded guilty to second degree murder. Hews, 99 Wn.2d at 88.
During the plea hearing the trial court informed Hews of the "intent" component to the crime, and Hews responded, " 'I didn't intend to kill anybody.' " Id.
The trial court however failed to explain or clarify the mens rea element. Id.
On this basis alone, the Court was "constrained to hold that, on the meager record before us, petitioner Hews has submitted a prima facie case demonstrating that his plea was constitutionally invalid." Id. (reversing the Court of Appeals and remanding for a reference hearing).