07/01/2026
What the heck is a Berhe hearing??
I had never litigated a Berhe hearing before. In fact, I didn't immediately recognize that concerns raised by a juror after a murder trial implicated one of Washington's most important protections against racial bias in jury deliberations. That case forced me to become an expert in an entirely new area of law, and ultimately resulted in a murder conviction being vacated and a new trial ordered.
Here's what a Berhe hearing is, why it matters, and why every criminal defense lawyer should understand it.
What is a Berhe hearing? Learn how Washington's landmark State v. Berhe decision addresses racial bias in jury deliberations, why these hearings matter, and how one Berhe hearing resulted in a murder conviction being vacated and a new trial being ordered.