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STATE v. HICKS

No. 79143-1.

181 P.3d 831 (2008)

STATE of Washington, Respondent, v. Phillip Victor HICKS, Petitioner. State of Washington, Respondent, v. Rashad Demetrius Babbs, Petitioner.

Supreme Court of Washington, En Banc.

April 24, 2008.

Attorney(s) appearing for the Case

David Bruce Koch, Nielsen Broman & Koch PLLC, Rita Joan Griffith, Seattle, WA, for Petitioners.

Pierce County Prosecutor's Office, Kathleen Proctor, Tacoma, WA, for Respondent.

Kathryn C. Loring, Skinner & Saar PS, Friday Harbor, WA, Nicholas Peter Gellert, Julia Parsons Clarke, Perkins Coie LLP, Sarah A. Dunne, Nancy Lynn Talner, ACLU, Seattle, WA, for Amicus Curiae on behalf of American Civil Liberties Union.

J.M. JOHNSON, J.

¶ 1 Phillip Hicks and Rashad Babbs were convicted at two separate trials for the murder of Chica Webber (first trial) and the attempted murder of Jonathan Webber (second trial). We must determine whether their defense counsel was ineffective in informing potential jurors that the case was noncapital and in not objecting to the trial court and prosecution doing the same. We must also decide whether the trial court erred in denying the defendants...

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