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STATE v. NICKELS

No. 96943-4.

456 P.3d 795 (2020)

STATE of Washington, Petitioner, v. David Emerson NICKELS, Respondent.

Supreme Court of Washington.

Filed January 30, 2020.

Attorney(s) appearing for the Case

Pamela Beth Loginsky , Washington Association of Prosecuting Attorneys, 206 10th Avenue SE, Olympia, WA 98501-1311, for Petitioner.

Jacqueline Kay Walsh , Mark A. Larranaga , Walsh & Larranaga, 705 2nd Avenue, Suite 501, Seattle, WA 98104-1715, for Respondents.

John Avrom Strait , Seattle University School of Law, 901 12th Avenue, Seattle, WA 98122-4411, Rita Joan Griffith , Attorney at Law, 4616 25th Avenue NE, PMB 453, Seattle, WA 98105-4523, Hillary Ann Behrman , The Washington Defender Association, 110 Prefontaine Place South, #610, Seattle, WA 98104-2626, for Amici Curiae Washington Association of Criminal Defense Lawyers, Washington Defender Association.

Gallic Anne Castillo , Lane Powell, P.O. Box 91302, Seattle, WA 98111-9402, for Amicus Curiae Washington State Attorney General.

¶1 This case asks us to revisit the question of whether an elected county prosecutor's prior involvement in a defendant's case should presumptively disqualify the entire prosecutor's office from prosecuting the defendant in the same case. When we first addressed this question in State v. Stenger, we held that an elected prosecuting...

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