State of Washington v. Shopbell

State Court Dismisses Charges Against Hazen Shopbell, Anthony Paul On Treaty Grounds

Matthew L.M. Fletcher

Here are the materials in State v. Shopbell (Wash. Super. Ct.):

7. CrR 8.3(b) Motion to Dismiss for Governmental Misconduct

11. Memo In Support of Motion to Dismiss for Bad Faith

13. CrR 8.3(c) Motion to Dismiss

29. Memorandum in Opposition to Motions to Suppress Evidence and or Dismiss

30. Reply in Support of Motions to Dismiss

38. Supplemental Reply in Support of Motions to Dismiss

42. Motion for Bill of Particulars

46. Response to Motion for Bill of Particulars

52. Joint Reply In Support of Motion for Bill of Particulars

63. Supplemental Motion to Dismiss Pursuant to CrR 8.3(c)

66. Defendants’ Joint Motion to Dismiss and Renewed Motion to Dismiss per CrR 8.3

68. Defendants’ Supplemental Motion to Dismiss

69. Response to Pretrial Dismissal Motions

70. Reply on Pretrial Dismissal Motions

There was no written ruling, but from the bench the Judge explained:

“My decision is consistent with the heart of the Treaty & Rafeedie Consent Decree, preserving Treaty rights that were gained many years ago.  This court shouldn’t be involved in those issues.”

Washington COA Orders Additional Proceedings in Shopbell Criminal Case

Matthew L.M. Fletcher

Here are the materials in State of Washington v. Shopbell (Wash. Ct. App. — Div. 1):

Unpublished Opinion

Appellant Brief

Respondent Brief

Reply

Prior post here.

Hazen Shopbell’s Federal Civil Rights Claims Dismissed

Matthew L.M. Fletcher

Here are materials in Shopbell v. Washington State Dept. of Fish and Wildlife (W.D. Wash.):

86-0 Defendants’ Second Motion for Summary Judgment

94 Plaintiffs’ Response in Opposition to Defendants’ Third Motion for Summary Judgment

99 Defendants’ Reply in Support of Its Second Motion for Summary Judgment

115 DCT Order

Prior post here.

The Superior Court dismissed criminal shellfish trafficking charges against him because a Washington State Department of Fish and Wildlife detective destroyed exculpatory evidence.  Watch the hearing here: https://www.tvw.org/watch/?clientID=9375922947&eventID=2021011188. Here are the briefs in State of Washington v. Shopbell:

Amended Opening Brief of Appellant Skagit County

Brief of Respondents Hazen Shopbell and Anthony Paul

Reply Brief of Appellant Skagit County