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STATE v. McENROE

Nos. 88410-2, 88411-1.

309 P.3d 428 (2013)

STATE of Washington, Petitioner, v. Joseph T. McENROE, Respondent. State of Washington, Petitioner, v. Michele Kristen Anderson, Respondent.

Supreme Court of Washington, En Banc.

Decided September 5, 2013.

Attorney(s) appearing for the Case

Prosecuting Atty. King County, King Co. Pros./App. Unit Supervisor, Andrea Ruth Vitalich , James Morrissey Whisman , Scott Michael O'Toole , Attorney at Law, King County Prosecutor's Office, Seattle, WA, for Petitioner.

Kathryn Lund Ross , WA State Death Penalty Assistance Center, Leo J. Hamaji , Attorney at Law, William J. Prestia , The Defender Association, Colleen E. O'Connor , Society of Counsel, David P. Sorenson , SCRAP, Seattle, WA, for Respondent.

Pamela Beth Loginsky , Washington Assoc. of Prosecuting Atty., Olympia, WA, amicus counsel for Prosecuting Attorneys.

WIGGINS, J.

¶ 1 In this direct review of the trial court's dismissal of notices of special death penalty sentencing proceedings, the King County prosecuting attorney asks us to decide whether he violated Washington's capital punishment statutes by considering the strength of evidence against respondents Joseph McEnroe and Michele Anderson when he determined to seek the death penalty for the shooting deaths of six people. We hold that the prosecuting attorney...

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