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STATE v. WILSON

Nos. 72104-1, 72780-5.

65 P.3d 657 (2003)

149 Wash.2d 1

STATE of Washington, Respondent, v. Ricky Ray WILSON and Rhett Butler Irons, and each of them, Petitioners. State of Washington, Respondent, v. Demetrius Taylor, Petitioner.

Supreme Court of Washington, En Banc.

Decided March 13, 2003.

Attorney(s) appearing for the Case

Nielsen, Broman & Assoc., David Koch, Seattle, for Petitioner.

Norm Maleng, King County Prosecutor, Lee Yates, Ann Summers, Deputy County Prosecutors, for Respondent.

Gregory Link, Cheryl Aza, Washington Appellate Project, Seattle, for Petitioner Taylor.

Sheryl McCloud, Seattle, Amicus Curiae on Behalf of Wa. Assn. of Criminal Defense.

OWENS, J.

In each of these cases, the trial court ordered the prosecutor to produce a key State witness for a pretrial interview with the defense. Despite each prosecutor's best efforts, neither was able to do so before the court-imposed deadline and the trial judge dismissed each case pursuant to CrR 8.3(b). At issue here is whether the prosecutors' failure amounted to governmental misconduct sufficient to support dismissal under CrR 8.3(b). We hold that neither...

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