STATE v. NOWINSKI

No. 50848-2-I.

102 P.3d 840 (2004)

STATE of Washington, Respondent, v. Simon NOWINSKI, Appellant.

Court of Appeals of Washington, Division 1.

December 13, 2004.


Attorney(s) appearing for the Case

Richard Hansen, Cassandra L. Stamm, Allen Hansen & Maybrown PS, Seattle, WA, for Appellant.

Donald J. Raz, Attorney At Law, Seattle, WA, for Respondent.


BECKER, J.

Simon Nowinski was convicted of murder based on statements he made during a police interrogation at which a prosecutor was also present. The statements should have been suppressed under ER 410 because Nowinski had an objectively reasonable belief that he was engaged in plea negotiations when he described his participation in the murder. The error was not harmless and the conviction is reversed.

The murder victim, Daniel Dabalos, was discovered in...

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