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eBook details

• Title: Washington v. Dearbone
• Author : Supreme Court of Washington
• Release Date : January 03, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

GUY, J.--To request the death penalty, the State must file in the trial court notice of a special sentencing proceeding within 30 days of defendant's arraignment. The State also must serve a copy of this notice on defendant or defendant's counsel within the 30 days, unless the trial court finds good cause to extend or reopen the period for filing and service of the notice. RCW 10.95.040(2). On the day notice was due in this case, a deputy prosecutor from King County notified defense counsel by voice mail, and later in person, of the State's intent to seek the death penalty. The deputy prosecutor did not serve a copy of the notice on defense counsel until after the time limit had expired. The trial court, on the State's motion, reopened the time period to allow the State to serve defense counsel. We hold good cause does not exist to reopen the period for service and reverse the trial court.

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