KESLER and DORI JONES of WASHINGTON APPELLATE DEFENDER ASSOCIATION, for respondent. DAWSON, PROSECUTING ATTORNEY, and SETH AARON FINE, DEPUTY, for petitioner.
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Supreme Court: Holding that the pretrial dismissal of the prosecution for insufficient evidence constituted a proper exercise of the trial court's inherent power, the court AFFIRMS the decision of the Court of Appeals and the judgment.ĬOUNSEL: SETH R. 781 AFFIRMED the judgment, holding that the trial court had inherent power to dismiss the prosecution before trial for lack of evidence. Hansen, J., dismissed the prosecution on July 9, 1984.Ĭourt of Appeals: The court at 41 Wn. Superior Court: The Superior Court for Snohomish County, No. NATURE OF ACTION: Prosecution for possession of marijuana with intent to manufacture or deliver. NAMES OF CONCURRING OR DISSENTING JUDGES: Durham, J., Dolliver, C.J., and Andersen and Callow, JJ., dissent by separate opinion. In the absence of such an affidavit by the State, the trial court must hold a hearing to determine whether the facts relied on by the State, as a matter of law, establish a prima facie case of guilt. An affidavit by the State alleging other material facts or denying the undisputed facts will defeat the motion. A criminal defendant may move by affidavit before trial to dismiss his prosecution based on the absence of material disputed facts and the undisputed facts being legally insufficient to support a finding of guilt. Criminal Law - Trial - Taking Case From Jury - Pretrial Determination - Procedure. A trial court has inherent power to dismiss a prosecution before trial if the State's pleadings, including any bill of particulars, are insufficient to make out a prima facie case for all the elements of the charge. Criminal Law - Trial - Taking Case From Jury - Pretrial Determination - Authority of Court. CASE TITLE: The State of Washington, Petitioner, v.