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STATE v. BOYD

Nos. 79371-9, 79339-5.

158 P.3d 54 (2007)

STATE of Washington, Respondent, v. Michael Allen BOYD, Petitioner. State of Washington, Petitioner, v. Lee William Giles and Maureen Elizabeth Wear, Respondents.

Supreme Court of Washington, En Banc.

Decided May 17, 2007.

Attorney(s) appearing for the Case

Barbara L. Corey, Kathleen Proctor, Pierce County Prosecuting Atty. Office, Tacoma, WA, for Petitioner.

Hugh Kirk Birgenheier, Kathleen Proctor, Pierce County Prosecuting Attorneys Office, Michael Edward Schwartz, Law Offices of Michael Schwartz, Mary Katherine Young High, Tacoma, WA, for Respondents.

Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Laura E. Mate, Federal Public Defender's Office, Seattle, Colin Fieman, Tacoma, for Amicus Curiae-National Association of Criminal Defense Lawyers and Washington Association of Criminal Defense Lawyers.

Seth Aaron Fine, Snohomish County Prosecutor's Office, Everett, Margaret M. Zimmer, The National Center for Missing & Exploited Children, Alexandria, Amicus Curiae-National Center for Missing & Exploited Children.

Pamela Beth Loginsky, Washington Association of Prosecuting Attorneys, Olympia, Amicus Curiae-Washington Association of Prosecuting Attorneys.

C. JOHNSON, J.

¶ 1 This case involves the extent to which defense discovery of child pornography evidence may be restricted under Criminal Rule (CrR) 4.7 in child sex offense prosecutions. These consolidated cases involve direct review of discovery orders by two Pierce County Superior Court judges. In neither case does the State argue that access to the images should be denied; its claim is that the defendants' attorneys are not entitled to copies of the evidence...

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