STATE v. GRAHAM

No. 22109-8-II.

960 P.2d 457 (1998)

The STATE of Washington, Respondent. v. Jeremy GRAHAM, Appellant.

Court of Appeals of Washington, Division 2.

July 17, 1998.


Attorney(s) appearing for the Case

Judith Hamilton Stone, Lake Oswego, OR, for Appellant.

Judith Celeste Warner, Pacific County Deputy Prosecuting Attorney, South Bend, for Respondent.


BRIDGEWATER, Acting Chief Judge.

Jeremy Graham appeals his conviction of malicious mischief in the second degree. We are asked to decide whether manifest necessity existed for the trial court to declare a mistrial when the judge realized, after the first witness took the stand, that he was required to disqualify himself under the Code of Judicial Conduct Rule 3(d)(1). We hold that where the judge correctly decides he must recuse himself, and there is no evidence of...

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