Legal Opinion

State v. Stith

Court of Appeals of Washington

Decided August 16, 1993No. 27645-0-IPublishedCited by 37 opinions

1Opinion of the CourtKennedy, J.

Robert Stith challenges his conviction of

delivery of cocaine in violation of the Uniform Controlled Substances Act, claiming that reversal is required due to prosecutorial misconduct. Finding that, in two instances, the prosecutor's conduct was so flagrant and prejudicial that even the trial court's strongly worded curative instructions could not have cured the prejudice, we reverse and remand for a new trial.

Facts

On August 22,1990, Stith was charged by information with possession of a controlled substance with intent to deliver, to wit, cocaine.

At trial, Seattle Police Officer Paul Grady…

2Cases cited9 opinions

  1. People v. . FieldingNew York Court of Appeals · 1899
  2. State v. BelgardeWashington Supreme Court · 1988
  3. State v. ReedWashington Supreme Court · 1984
  4. State v. Casteneda-PerezCourt of Appeals of Washington · 1991
  5. State v. BelgardeWashington Supreme Court · 1992

4 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. In re the Personal Restraint of GlasmannWashington Supreme Court · 2012
  2. State v. EasterWashington Supreme Court · 1996
  3. State v. EasterWashington Supreme Court · 1996
  4. State v. AbeytaNew Mexico Supreme Court · 1995
  5. State v. Fiallo-LopezCourt of Appeals of Washington · 1995

32 more not listed; retrieve them via the Exa API.

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