Cal Coburn Brown, who had an extensive criminal history involving violence against women, was convicted of aggravated first degree murder for killing Holly Washa in 1991.

[5] In a 5-4 conservative-liberal split the majority found that the 9th Circuit had indeed erred when they overruled the Washington State Court's decision and invalidated Brown's death sentence.

[4] Justice Kennedy, writing for the majority, said that appeals courts must defer to a trial judge's decision on whether a potential juror would be able to overcome qualms regarding the death penalty and be open to voting to impose execution as a sentence.

His execution, once scheduled for March 13, 2009, was stayed until September 2010, when the Thurston County Superior Court completed a review of the constitutionality of Washington's lethal injection procedures.

[2] The validity of Washington's lethal injection procedures and the competency of the staff administering these duties were upheld on September 7, 2010, and Brown's stay was lifted.