STATE v. FUENTES

No. 66708-4-I.

295 P.3d 252 (2013)

172 Wn. App. 755

STATE of Washington, Respondent/Cross Appellant, v. Jorge Pena FUENTES, Appellant/Cross Respondent.

Court of Appeals of Washington, Division 1.

January 14, 2013.


Attorney(s) appearing for the Case

Richard Alan Hansen , Allen Hansen Maybrown PS, Seattle, WA, for Appellant/Cross-Respondent.

Brian Martin McDonald , King County Prosecuting Attorney, Seattle, WA, for Respondent.

Sherilyn Christine Peterson , Perkins Coie LLP, Sheryl Gordon McCloud , Law Offices of Sheryl Gordon McCloud, Seattle, WA, Mary Katherine Young High , Attorney at Law, Tacoma, WA, for Amicus Curiae Washington Assn. of Criminal Defense Lawyers (WACDL).


PUBLISHED IN PART

ELLINGTON, J.P.T.

¶ 1 The purposeful and unjustified invasion of attorney client communication by law enforcement is inexcusable. In this case, a detective listened to several recorded telephone calls between the defendant and his attorney. This is plainly egregious misconduct, and gives rise to a presumption of prejudice.

¶ 2 The misconduct occurred at the point of a motion for new trial, so it had no effect on the fairness...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases