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SEATTLE TIMES CO. v. SERKO

No. 84691-0.

243 P.3d 919 (2010)

SEATTLE TIMES COMPANY and Wm. Michael Hanbey, Petitioners, v. The Honorable Susan K. SERKO and the Honorable Bryan E. Chushcoff, Respondents. Dewayne Darcus Allen, Ricky Hinton, Eddie Lee Davis, Douglas Davis, and Quiana Williams, Respondents/Intervenors.

Supreme Court of Washington, En Banc.

Decided November 18, 2010.

Attorney(s) appearing for the Case

William Michael Hanbey , Attorney at Law, Olympia, WA, Bruce Edward Humble Johnson , Eric Stahl , Sarah Kathleen Duran, Davis Wright Tremaine LLP, Seattle, WA, for Petitioners.

Mary Katherine Young High , John Patrick O'Melveny , Philip Edward Thornton , Kirk T. `Chip' Mosley , Law Office of Kirk `Chip' Mosley, Kent W. Underwood , Office of Kent W. Underwood LLC, Tacoma, WA, Gregory Charles Link, Washington Appellate Project, Seattle, WA, James Kendrick Pharris , Office of the Attorney General, Olympia, WA, for Respondents.

Grace Helen Pierre-Whitener , Whitener Rainey Writt, PS, Tacoma, WA, for Defendant Latanya Clemmons.

Keith Alexander MacFie , Tacoma, WA, for Defendant Letricia Nelson.

Mark Evans Lindquist , Pierce County Prosecutor's Office, for Pierce County.

STEPHENS, J.

¶ 1 In this original action, the petitioners seek a writ of mandamus vacating two separate trial court orders, one that exempted from production under the Public Records Act (PRA), chapter 42.56 RCW, documents gathered during a criminal investigation and one that sealed trial exhibits generated during a subsequent criminal proceeding. Granting the writ, we vacate the orders.

BACKGROUND

¶ 2 On November 29, 2009, Maurice Clemmons...

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