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STATE v. DERRI

No. 100038-3.

511 P.3d 1267 (2022)

STATE of Washington, Respondent, v. Christopher Lee DERRI, a/k/a John Stites, Petitioner.

Supreme Court of Washington.

Filed June 23, 2022.

Attorney(s) appearing for the Case

Kate Huber , Lila Jane Silverstein , Washington Appellate Project, 1511 Third Avenue, Suite 610, Seattle, WA, 98101, for Petitioner.

Stephanie Finn Guthrie , King County Prosecuting Attorney's Office, 516 3rd Avenue Suite W554, Seattle, WA, 98104-2362, for Respondent.

Lara Zarowsky , Washington Innocence Project, P. O. Box 85869, Seattle, WA, 98145-1869, David S. Frankel , Aaron L. Webman , Andrea Maddox , Kramer, Levin, Naftalis & Frankel, LLP, 1177 Avenue Of The Americas, New York, NY, 10036, Anton Robinson , Innocence Project, Inc., 40 Worth Street, Suite 701, New York, NY, 11213, for Amici Curiae on behalf of Innocence Project, Washington Innocence Project.

Seth Aaron Fine , Snohomish County Prosecuting Attorney's Office, 3000 Rockefeller Ave, Everett, WA, 98201-4060, Amicus Curiae on behalf of Washington Association of Prosecuting Attorneys (WAPA).

¶1 In March 2017, three bank robberies occurred in North Seattle. Police administered a variety of photomontages to witnesses. Some aspects of the photomontage process complied with best practices generally recognized by new scientific research; some aspects of that process did not; and some aspects of that process fell into...

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