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STATE v. RHONE

No. 80037-5.

229 P.3d 752 (2010)

STATE of Washington, Respondent, v. Theodore R. RHONE, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 1, 2010.

Attorney(s) appearing for the Case

Rita Joan Griffith, Attorney at Law, Seattle, WA, for Petitioner.

Karen Anne Watson, Pierce County Prosecutor's Office, Tacoma, WA, for Respondent.

Charles Christian Sipos, Lisa Marshall Manheim, Perkins Coie L.L.P., Sarah A. Dunne, Nancy Lynn Talner, ACLU, Seattle, WA, for amicus curiae American Civil Liberties Union.

C. JOHNSON, J.

¶ 1 This case involves the question of whether a prosecutor's peremptory challenge of the only African-American venire member in a trial of an African-American defendant amounts to a prima facie case of discrimination in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The trial court concluded that defendant Theodore Rhone failed to establish a prima facie case of discrimination...

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