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Judge disqualifies prosecuting attorney’s office from case

August 9, 2018

MOUNT VERNON, Wash. (AP) — A Skagit County Superior Court judge ruled to disqualify the Skagit County Prosecuting Attorney’s Office from an evidentiary hearing of a man convicted of murder on the basis that the attorney prosecuting the man is a necessary witness in the hearing.

The Skagit Valley Herald reports Terrance Jon Irby has been convicted three times of a 2005 murder.

A state appeals court ruled that Irby’s Sixth Amendment rights were violated during his third trial in 2016 when Skagit County corrections deputies improperly opened mail from Irby to his public defender.

Irby’s 2016 conviction and sentence of 32 years and 4 months in prison would be vacated and he would be entitled to a fourth trial if prosecutors cannot prove Irby’s case was not prejudiced.

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Information from: Skagit Valley Herald, http://www.skagitvalleyherald.com

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