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STATE v. COUNTS

Nos. 47687-0, 48239-0, 47932-1.

99 Wn.2d 54 (1983)

659 P.2d 1087

THE STATE OF WASHINGTON, Respondent, v. JOHN FREDERICK COUNTS, Petitioner. THE STATE OF WASHINGTON, Respondent, v. LARRY HOLMES, Petitioner. THE STATE OF WASHINGTON, Respondent, v. LENNIS MYLES BARILLEAUX, Petitioner.

The Supreme Court of Washington, En Banc.

February 24, 1983.

Attorney(s) appearing for the Case

Richard A. Hansen and David Lancaster of Seattle-King County Public Defender Association, for petitioners.

Norm Maleng, Prosecuting Attorney, and Dennis R. Nollette, Senior Deputy, for respondent.

STAFFORD, J.

In each of these consolidated cases, the petitioner asks this court to apply retroactively Payton v. New York, 445 U.S. 573, 63 L.Ed.2d 639, 100 S.Ct. 1371 (1980). Payton held that in the absence of exigent circumstances, police may not make a warrantless, nonconsensual entry into a suspect's home to make a routine felony arrest. We deferred these cases pending resolution...

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