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WINCHESTER v. STEIN

No. 65553-7.

959 P.2d 1077 (1998)

135 Wash.2d 835

Marlene WINCHESTER, Personal Representative of the Estate of Thelma Lund, deceased, Respondent, v. John Kenneth STEIN, a/k/a Jack Stein, and Michael Lynn Norberg, Petitioners. STATE of Washington ex rel. Arthur D. CURTIS, Respondents, v. John Kenneth STEIN, a/k/a Jack Stein, and Michael Lynn Norberg, Petitioners, Gordon Wayne Smith and Richard Douglas Bailey, Defendants.

Supreme Court of Washington, En Banc.

Decided July 30, 1998.

Attorney(s) appearing for the Case

Christine Gregoire, Attorney General, Frederick Caruso, Assistant Attorney General, Olympia, Amicus Curiae on behalf of the Attorney General.

Gordon Smith, Walla Walla, Richard Bailey, Monroe, Bethany Norberg, Portland, Kenneth Selander, Nancy L. Talner, Seattle, for Petitioners.

Arthur Curtis, Clark County Prosecutor, Dennis Hunter, Deputy Clark County Prosecutor, Vancouver, Walstead, Mertsching, Husemoen, Donaldson & Barlow, Longview, Charles Wiggins, Bainbridge Island, for Respondent.

GUY, Justice.

In this case, we are asked whether an action brought under our state's Criminal Profiteering Act for monetary damages to victims of crime and other penalties violated the double jeopardy rights of those parties who had been previously tried in criminal proceedings.

FACTS

There is a large record in this case, but only a brief description of the facts is necessary to understand the legal issue before us. Ned Hall, a probate attorney in...

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