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STATE v. ATHAN

No. 75312-1.

158 P.3d 27 (2007)

STATE of Washington, Respondent, v. John Nicholas ATHAN, Appellant.

Supreme Court of Washington, En Banc.

Decided May 10, 2007.

Attorney(s) appearing for the Case

John Rolfing Muenster, Muenster & Koenig, Seattle, WA, for Appellant.

Catherine Marie Mcdowall, King County Prosecutor's Office, Seattle, WA, for Respondent.

Sheryl Gordon McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, WA, John Wesley Hall, Little Rock, AR, for Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers and National Association of Criminal Defense Lawyers.

Fredric Tausend, Theodore J. Angelis, Kirkpatrick & Lockhart Preston Gates Ellis, Seattle, WA, Stanley Brooke Taylor, Port Angeles, WA, for Amicus Curiae on behalf of Washington State Bar Association.

Douglas B. Klunder, Seattle, WA, for Amicus Curiae on behalf of American Civil Liberties Union of Washington.

C. JOHNSON, J.

¶ 1 John Nicholas Athan, appeals his conviction for second degree murder, arguing the case presents unique and fundamental issues of broad public import. Athan first argues his DNA (deoxyribonucleic acid) was collected in violation of both the United States and Washington State Constitutions when Seattle Police Department detectives, posing as a fictitious law firm, induced Athan to mail a letter to the firm, from which Athan's DNA sample was extracted...

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