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STATE v. WHELECHEL

No. 17317-8-III.

988 P.2d 20 (1999)

97 Wash.App. 813

STATE of Washington, Respondent and Cross-Petitioner, v. Stephen WHELCHEL, Petitioner.

Court of Appeals of Washington, Division 3, Panel One.

Reconsideration Denied December 14, 1999.

Attorney(s) appearing for the Case

John H. McKean, Moses Lake, Stephen R. Hormel, Spokane, Counsel for Petitioner.

John D. Knodell, III, Pros. Atty., Ephrata, Counsel for Respondent.

BROWN, J.

Stephen Whelchel's Grant County 1987 conviction for first degree murder was vacated by a December 1, 1997 federal writ of habeas corpus judgment. Both parties immediately appealed to the Ninth Circuit. Because no stay was requested, Mr. Whelchel was returned for retrial. Mr. Whelchel moved for speedy trial dismissal under CrR 3.3(c)(5), arguing the rule applied from his original arraignment date in 1986. Rejecting...

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