CITY OF SEATTLE v. KOCH

Nos. 20734-2-I; 21399-7-I.

53 Wn. App. 352 (1989)

767 P.2d 143

THE CITY OF SEATTLE, Respondent, v. SUSAN KAY KOCH, Petitioner. THE STATE OF WASHINGTON, Petitioner, v. JAMIE HANSON, Respondent.

The Court of Appeals of Washington, Division One.

January 30, 1989.


Attorney(s) appearing for the Case

Stephen G. Smith, for petitioner Koch.

Norm Maleng, Prosecuting Attorney, and Jeffrey H. Smith, Deputy, for petitioner State.

Douglas N. Jewett, City Attorney, and Douglas B. Whalley, City Prosecutor, for respondent Seattle.

Kenneth W. Fornabai and Harpold, Fornabai & Fiori, for respondent Hanson.


PEKELIS, J.

These two cases come to this court on discretionary review following pretrial hearings. We dispose of both cases in this opinion because they present the identical issue: is a DWI defendant's right to counsel under either the Sixth Amendment or CrRLJ 3.1(c)(2) denied when the presence of a police officer in the room arguably limits privacy during a telephone consultation with counsel? We answer that question in the negative, reversing the dismissal in...

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