STATE v. DUNCAN

No. 90188-1.

374 P.3d 83 (2016)

185 Wash.2d 430

STATE of Washington, Respondent, v. Chad Edward DUNCAN, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 28, 2016.


Attorney(s) appearing for the Case

Susan Marie Gasch , Gasch Law Office, Spokane, WA, for Petitioner.

David Brian Trefry , Yakima County Prosecutors Office, Spokane, WA, Tamara Ann Hanlon , Yakima County Prosecuting Attorney's Off., Yakima, WA, for Respondent.

Gregory J. Wong , Pacifica Law Group LLP, Sarah A. Dunne , U.S. Department of Education, Vanessa Torres Hernandez , ACLU of Washington, Seattle, WA, for amicus counsel for Aclu.

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

Shelley Anne Williams , Attorney General Office, Criminal Justice-Criminal Litigation Unit Atty. General, Attorney at Law, Seattle, WA, amicus counsel for Washington State Patrol.

Julie Johnson Schaffer , Center for Justice, Spokane, WA, for amicus counsel for Center for Justice.

Nicholas Brian Allen , Attorney at Law, Rhona Taylor , Columbia Legal Services, Seattle, WA, amicus counsel for Columbia Legal Services.

Suzanne Lee Elliott , Attorney at Law, Seattle, WA, for amicus counsel for Washington Association of Criminal Defense Lawyers.

Ann E. Benson , WA Defenders Assoc., Cindy Arends Elsberry , Washington Defender Association, Seattle, WA, for amicus counsel for Washington Defender Association.


¶ 1 This case presents two questions: (1) whether Chad Duncan can challenge the legal financial obligations (LFOs) imposed by the trial court for the first time on appeal and (2) whether the police properly searched his car for a gun after a drive-by shooting. We answer yes to both questions, affirm Duncan's conviction, and...

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