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STATE v. BERHE

No. 95920-0.

444 P.3d 1172 (2019)

STATE of Washington, Respondent, v. Tomas Mussie BERHE, Petitioner.

Supreme Court of Washington.

Filed: July 18, 2019.

Attorney(s) appearing for the Case

Nancy P. Collins , Washington Appellate Project, 1511 3rd Avenue, Suite 610, Seattle, WA 98101-3647, for Petitioner.

Dennis John McCurdy , Ann Marie Summers , King County Prosecutor's Office, 516 3rd Avenue, Suite W554, Seattle, WA 98104-2362, for Respondent.

Jeffery Patton Robinson , Attorney at Law, 810 3rd Avenue, Suite 500, Seattle, WA 98104-1619, Twyla Carter , ACLU National, 125 Broad Street, Floor 18, New York, NY 10004-2427, Erika Joyce Evans , Seattle City Attorney's Office, 701 5th Avenue, Suite 2050, Seattle, WA 98104-7095, Antoinette M. Davis , American Civil Liberties Union of Washington, 901 5th Avenue, Suite 630, Seattle, WA 98164-2086, Margaret Ji Yong Pak , MBE Law Group PLLC, 1001 4th Avenue, Suite 3200, Seattle, WA 98154-1003, for Amicus Curiae (American Civil Liberties Union Foundation, American Civil Liberties Union of Washington, Loren Miller Bar Association, South Asian Bar Association).

¶1 This case addresses the standards and procedures that apply when trial courts must determine whether an evidentiary hearing is necessary on a motion for a new trial based on allegations that jury deliberations were tainted by racial bias. We recognize that when allegations of juror misconduct arise after the verdict, trial courts...

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