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ISSAQUAH LAW GROUP   PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

Division II: State appeals defendant’s plea agreement with special deputy prosecutor

 

State v. Tracer

Tracer caused an auto accident.  Tracer had a .13 blood alcohol level, however, argued that it was a meteor that caused the accident and not his blood alcohol level.  Due to that, the special deputy prosecutor had agreed to amend the information and allow Tracer to plead guilty to a DUI instead of vehicular assault.  The special deputy prosecutor didn’t show up for the hearing.  The judge assigned a defense counsel in court representing another defendant as special deputy prosecutor who, in turn, amended the information and entered Tracer’s plea that same day at the court’s direction.

The state appealed the judgment and sentence entered. The issues facing the court were: 1) whether the State had a right to appeal, 2) whether it was a violation of separation of powers for the superior court judge to appoint a defense counsel as special deputy prosecutor, and 3) whether due process and/or double jeopardy prohibited a remand. 

The Court of Appeals held that the state had a right to appeal under the extraordinary circumstances element under RAP2.2(b)(1).  The state demonstrated that the superior court deviated from its accepted and usual practice of judicial proceedings calling for availability of review.

The Court of Appeals held that the trial court lacked authority to amend the information and wrongly appointed a new special deputy prosecutor to do the same.  Therefore, the court ruled that the amendment was invalid and Tracer’s charge of vehicular assault remains.

Finally, the Court of Appeals ruled that because the second special prosecutor was improperly appointed and his conduct was without lawful authority, a remand did not violate due process or double jeopardy.

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