PORTCH v. SOMMERVILLE

No. 20690-4-III.

55 P.3d 661 (2002)

113 Wash.App. 807

Jason PORTCH and Tami Portch, husband and wife, Appellants, v. Heather SOMMERVILLE and John Doe Sommerville, wife and husband, Respondents.

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

October 8, 2002.


Attorney(s) appearing for the Case

Gregory G. Staeheli, Anna M. Cutler, Kain, Snow & Staeheli, Spokane, WA, for Appellants.

Patrick G. McMahon, Carlson & McMahon, Wenatchee, WA, for Respondents.


SCHULTHEIS, J.

Jason and Tami Portch appeal the trial court's denial of their motion for a new trial. The motion was based on their contention that the trial court denied them the opportunity to exercise any of their peremptory challenges during jury selection. We agree they were denied the opportunity to exercise their peremptory challenges but find their refusal of the court's offer to declare a mistrial renders the error harmless. The court's denial of a new trial...

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