The Office of the City Prosecutor Appellate Unit represents the City on each appeal of a Spokane Municipal Court case. Normally, the City's appellate function responds to appeals of right initiated by defendants. Double jeopardy principles limit when the City may appeal (e.g., the City may not appeal when a Defendant is acquitted); the City may appeal sentencing issues or a pretrial order suppressing evidence that in effect terminates the prosecution's case. The appellate caseload also includes writ actions, discretionary review and Personal Restraint Petitions as discussed below.
Types of Review:
Appeals of Right Municipal defendants have a legal right to one appeal of their conviction to Spokane Superior Court.
Statutory/Constitutional Writs of Review & Habeas Corpus A procedure by which a party may seek appellate review of an issue that is not reviewable as a matter of right. For instance, the City could not appeal if a trial court rules that a portion of a municipal ordinance is unconstitutional, but it could seek review by an interlocutory writ and stay the prosecution pending resolution of that issue. It is a separate civil action and the reviewing court’s final decision is subject to an appeal as of right.
Both the private and public defense bar often use writs of review as a way to resolve "global" issues, such as challenges to the Breath Alcohol Content (BAC) instruments and constitutionality of ordinances.
Discretionary Review When a party is not entitled to an appeal as of right or has exhausted such review, that party may seek discretionary review at either the Court of Appeals or the Washington State Supreme Court.
Personal Restraint Petitions After a criminal defendant has exhausted his/her appeal as of right and any discretionary review involving that appeal, they may file a Personal Restraint Petition (PRP) with the Court of Appeals.
|