The State of Washington, Petitioner v. Douglas W. Knapstad, Respondent

Summary

The Washington Supreme Court, en banc, affirmed a pretrial dismissal of marijuana possession charges, holding that trial courts possess inherent authority to dismiss a prosecution before trial where the material facts are undisputed and, even viewed most favorably to the State, do not establish a prima facie case of guilt. The court announced an affidavit-based procedure, adapted from Massachusetts and Florida practice, under which the State may defeat such a motion only by specifically denying material facts under oath, and any dismissal is without prejudice and no bar to a later prosecution on additional evidence. Because the State's summarized evidence could not legally prove actual or constructive possession, the trial court's dismissal was proper. Justice Durham, dissenting, joined by Chief Justice Dolliver and Justices Andersen and Callow, argued the ruling conflicts with Morton and Tyler and improperly created new criminal procedure by opinion rather than through formal rulemaking.