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State v. Nickels, 35369-9, Division III

WACDL filed an amicus brief concerning the question of whether the entire prosecutor's office must be recused if the elected prosecutor has a conflict of interest based on prior representation of a defendant.

Court

Motion for Discretionary Review to COA, Division IIIl. Granted, 8/22/17

Issue

Following reversal of a murder conviction an objection was raised to the participation of the entire Grant County prosecutors office arguing that the office should be disqualified as the elected prosecutor, while previously in private practice, personally represented Mr. Nickels during the first trial. The current Chief Deputy Prosecutor, while previously in private practice, represented a material witness during the first trial as well.

WACDL Amicus Authors

John Strait and Rita Griffith

Appellate Authors

Mark Larranaga and Jacqueline Walsh

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