State v. Scherf

¶ 1 While in prison serving a life without parole sentence, Byron Scherf murdered a prison guard. He was tried, convicted of aggravated murder, and sentenced to death. In his appeal, he raises multiple claims of error: procedural, statutory, and constitutional. Based on the holding of State v. Gregory, --- Wash.2d ----, 427 P.3d 621 (2018), 1 we vacate the sentence. For the following reasons, we affirm the conviction.

¶ 2 Scherf raises issues specific to the guilt phase that must be addressed.

Did the trial court err in denying Scherf's motion to suppress physical evidence pursuant to Superior…