STATE v. CANADY

No. 57361-1.

116 Wn.2d 853 (1991)

809 P.2d 203

THE STATE OF WASHINGTON, Respondent, v. EDWARD NELSON CANADY, Petitioner.

The Supreme Court of Washington, En Banc.

May 2, 1991.


Attorney(s) appearing for the Case

Eric Broman of Washington Appellate Defender Association, for petitioner.

Norm Maleng, Prosecuting Attorney, and Theresa L. Fricke, Senior Appellate Attorney, for respondent.

Catherine W. Smith on behalf of Washington Association of Criminal Defense Lawyers, amicus curiae for petitioner.


DOLLIVER, J.

Edward Canady, convicted of possession of marijuana with intent to manufacture or deliver, challenges the validity of the search warrant that led to his arrest. He asserts (1) the warrant was not supported by probable cause, and (2) the judge who issued the warrant lacked lawful authority to do so, because the department in which he sat was not properly created. These challenges were presented at every opportunity, starting with a pretrial motion to suppress...

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