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STATE v. MONDAY

No. 82736-2.

257 P.3d 551 (2011)

171 Wash.2d 667

STATE of Washington, Respondent, v. Kevin L. MONDAY, Jr., Petitioner.

Supreme Court of Washington, En Banc.

Decided June 9, 2011.

Attorney(s) appearing for the Case

Nancy P. Collins , Washington Appellate Project, Seattle, WA, for Petitioner.

Brian Martin McDonald , King County Prosecutor's Office, Seattle, WA, for Respondent.

Johanna Rowton Pirko , Attorney at Law, Sarah A. Dunne , Nancy Lynn Talner , ACLU of Washington Foundation, Seattle, WA, amicus counsel for ACLU Washington Foundation.

CHAMBERS, J.

¶ 1 Kevin L. Monday Jr. was convicted of one count of first degree murder and two counts of first degree assault stemming from a shooting in Pioneer Square, Seattle, Washington. We granted review limited to two issues: whether prosecutorial misconduct deprived Monday of a fair trial and whether imposition of firearm enhancements violated Monday's jury trial right. Finding that his trial was fatally tainted by prosecutorial misconduct, we reverse...

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