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STATE v. MOEN

No. 72435-1.

76 P.3d 721 (2003)

150 Wash.2d 221

STATE of Washington, Respondent, v. Peter H. MOEN, Petitioner.

Supreme Court of Washington, En Banc.

September 11, 2003.

Attorney(s) appearing for the Case

Paul Beymer Mack, Spokane, for Petitioner.

Steven Tucker, Spokane County Prosecutor, Kevin Korsmo, Deputy, Andrew Metts, Deputy, for Respondent.

MADSEN, J.

This case involves the Spokane County Prosecutor's informal policy of refusing to plea bargain with a criminal defendant who has successfully compelled disclosure of a confidential informant's identity in a civil forfeiture proceeding. Prior to trial, Peter Moen moved for dismissal under CrR 8.3(b), claiming the State's policy of refusing to plea bargain violated his right to due process because it chilled his right to discovery in a civil case. The trial...

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