State v. Moen

This case involves the Spokane County Prosecutor’s informal policy of refusing to plea bargain with a criminal defendant who has successfully compelled disclosure of a confidential informant’s identity in a civil forfeiture proceeding. Prior to trial, Peter H. Moen moved for dismissal under CrR 8.3(b), claiming the State’s policy of refusing to plea bargain violated his right to due process because it chilled his right to discovery in a civil case. The trial court denied the motion and the Court of Appeals affirmed. We hold that the trial court properly refused to dismiss this prosecution and…