Denis Paul Tracy , Whitman County Prosecuting Attorney, 400 N. Main St., Colfax, WA, 99111-2031, Daniel F. Lebeau , Attorney at Law, P.O. Box 30, Colfax, WA, 99111-0030, for Respondent.
Jessica Levin , Robert S. Chang , Melissa R. Lee , Seattle University School of Law, 901 12th Ave., Korematsu Center For Law & Equality, Seattle, WA, 98122-4411, for Amicus Curiae on behalf of Fred T. Korematsu Center for Law and Equality.
Kimberly Dawn Ambrose , University of Washington School of Law, P.O. Box 85110, William H. Gates Hl Ste. 265, Seattle, WA, 98145-1110, for Amicus Curiae on behalf of Black Law Student Association of University of WA.
Jason Gillmer , Attorney at Law, Spokane, WA, 99202-2021, Spokane, WA, 99202-2021, Brooks Holland , Center for Civil & Human Rights, 721 N. Cincinnati Street, P.O. Box 3528, Spokane, WA, 99220, for Amicus Curiae on behalf of Black Law Student Association of Gonzaga University.
Per Curiam.1
¶1 The court unanimously holds that two elements of the prosecutor's conduct objectively constituted a flagrant or apparently ill-intentioned appeal to jurors' racial bias in a way that undermined the defendant's credibility and presumption of innocence. Because the...
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