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STATE v. CHARLTON

No. 101269-1.

538 P.3d 1289 (2023)

STATE of Washington, Respondent, v. Michael Shawn CHARLTON, Petitioner.

Supreme Court of Washington, En Banc.

Filed: December 7, 2023.

Attorney(s) appearing for the Case

Kathryn A. Russell Selk , Russell Selk Law Office, 1037 Ne 65th St., # 176, Seattle, WA, 98115-6655, for Petitioner.

William Anton Leraas , Grays Harbor Co. Pros Ofc., 102 W Broadway Ave., Rm 102, Montesano, WA, 98563-3621, for Respondent.

Mark Bruns Middaugh , Attorney at Law, 600 University St., Ste. 3020, Seattle, WA, 98101-4105, for Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

La Rond Baker , Jazmyn Clark , American Civil Liberties Union of Washington, P.O. Box 2728, Seattle, WA, 98111-2728, for Amicus Curiae on behalf of American Civil Liberties Union of Washington Foundation.

Brian Richard Flaherty , Katherine Elizabeth Hurley , King County Department of Public Defense, 710 2nd Ave., Ste. 200, Seattle, WA, 98104-1703, for Amicus Curiae on behalf of King County Department of Public Defense.

Magda Rona Baker , Washington Defender Association, 810 3rd Ave., Ste. 258, Seattle, WA, 98104-1647, for Amicus Curiae on behalf of Washington Defender Association.

¶1 The right to counsel is guaranteed by both the state and federal constitutions and protected by our court rules. Denial of the right to counsel is error. In both this case and its companion, State v. Heng, No. 101159-8, 2023 WL 8463961 (Wash. Dec. 7, 2023), the accused appeared before a judge in preliminary hearings...

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