STATE v. MORENO

No. 71452-5.

58 P.3d 265 (2002)

147 Wash.2d 500

STATE of Washington, Respondent, v. Alma Christina MORENO, Petitioner.

Supreme Court of Washington, En Banc.

Decided October 10, 2002.


Attorney(s) appearing for the Case

Glen Prior, Fife, for Petitioner.

Gerald Horne, Pierce County Prosecutor, John Hillman, Deputy, Tacoma, for Respondent.


OWENS, J.

The main issue in this case is whether it violates the separation of powers doctrine or due process for a district court judge to call and question the state's witnesses in a traffic infraction hearing without a prosecutor present. On RALJ appeal the superior court concluded that it did not. We conclude that we have jurisdiction to hear the case and affirm.

FACTS

On October 23, 1999, Washington State Patrol Trooper Tina McManus stopped...

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