STATE v. DENHAM

No. 98591-0.

489 P.3d 1138 (2021)

STATE of Washington, Petitioner, v. Lynell Avery DENHAM, Respondent.

Supreme Court of Washington.

Filed: July 1, 2021.


Attorney(s) appearing for the Case

Dennis John McCurdy , King County Prosecutor's Office, 516 3rd Ave. Ste. W554, Seattle, WA, 98104-2362, for Petitioner.

David Bruce Koch , Mary Swift , Nielsen Koch PLLC, 1908 E. Madison St., Seattle, WA, 98122-2842, for Respondent.

John Randall Tyler , Perkins Coie LLP, 1201 3rd Ave. Ste. 4900, Seattle, WA, 98101-3099, Anna Mouw Thompson , Perkins Coie LLP, Rachel Susan Dallal , Attorney at Law, 1201 3rd Ave. Ste. 4900, Seattle, WA, 98101-3095, Mark Bruns Middaugh , Attorney at Law, 600 University St. Ste. 3020, Seattle, WA, 98101-4105, for Amicus Curiae Washington Association of Criminal Defense Lawyers.

Antoinette M. Davis , Nancy Lynn Talner , American Civil Liberties Union of Washington, P.O. Box 2728, Seattle, WA, 98111-2728, for Amicus Curiae American Civil Liberties Union of Washington.

La Rond Baker , Katherine Elizabeth Hurley , King County Department of Public Defense, 710 2nd Ave. Ste. 200, Seattle, WA, 98104-1703, Brian Richard Flaherty , King County Department of Public Defense, 420 W. Harrison St. Ste. 202, Kent, WA, 98032-4491, for Amicus Curiae King County Department of Public Defense.

Alexandria Marie Hohman , The Washington Defender Association, 110 Prefontaine Pl. S. Ste. 610, Seattle, WA, 98104-2626, for Amicus Curiae Washington Defender Association.


¶ 1 A valuable diamond was stolen from a jewelry store. Within days, Lynell Avery Denham sold that diamond. Police suspected Denham committed the burglary and got a warrant for his cell phone records. Cell site location information included in those records placed Denham's phone near the jewelry store around the time of...

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