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State v. Perea

October 3, 1996

STATE OF WASHINGTON, RESPONDENT,
v.
MARCOS PEREA, APPELLANT.



Seinfeld, Chief Judge

The opinion of the court was delivered by: Seinfeld

ORDER GRANTING RECONSIDERATION STAYING PUBLICATION, AND ORDERING ADDITIONAL BRIEFING

The Court filed its decision in this case on September 20, 1996. In its analysis, the Court did not consider the significance of California v. Hodari D., 499 U.S. 621, 113 L. Ed. 2d 690, 111 S. Ct. 1547 (1991), a case not cited by either party. It now appears that Hodari may impact the court's analysis of the search incident to arrest issue.

Accordingly, the Court, on its own motion, hereby orders:

1. The Court will reconsider its decision in this case.

2. Pending reconsideration, publication of the opinion shall be stayed.

3. To aid the Court on reconsideration, each party shall submit supplemental briefs discussing whether Hodari and its progeny, if any, affect this case and, if so, how. Each party shall submit its brief within 30 days from the date of this order. Neither brief shall exceed 10 pages. The Court will decide whether to request oral argument after its review of the supplemental briefs.

4. Nothing herein limits either party's right to make any post-decision motions in accordance with the Rules of Appellate Procedure.

DATED this 3rd day of October, 1996.

Seinfeld, C.J.

Chief Judge

19961003 ...


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