Resources

Competency

Motion to DM w/o due to Competency Delay (3.2019)

This brief argues the trial court should dismiss the case without prejudice based on the 14th Amendment and State v. Hand. Thanks to Adrien Leavitt, Gordon Hill, Katie Hurley at King Co DPD for this brief.

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Court Order of Dismissal Due to Competency Delay- FOF/COL (Kitsap Co Dist Ct)(09.28.18)

In this 48 page FOF/COL, Kitsap Co District Court Judge Jeffery Jahns dismisses two counts of DUI based on outrageous governmental conduct for the lengthy delay of 42 days in providing competency restoration services to an in-cust...

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Order Appointing Defense Expert for Competency Eval (Nathan Poston) (5.2019)

Court order for defense expert to evaluate the defendant for competency, diminished capacity or insanity. DSHS to pay for cost of evaluation pursuant to WAC 388-875-0040.

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Writ of Habeas RCW 7.36 Due to Delay in Transport (Anita Khandelwal)(2015)

The brief argues that the delay in transport to WSH violates the client’s rights, the client was class participant in Trueblood v. DSHS. This brief argues the trial court must release the defendant if he is not transported timel...

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Order for Competency Evaluation_Misdemeanor (9.2014)

Sample order based on what is used in King Co District Regional Mental Health Court

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Defense Proposed Jury Instructions for Competency Trial (Jim Koenig)(2013)

These instructions apply to a jury trial determination of competency. Thanks to Jim Koenig.

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Motion to House Defendant at WSH Pending Trial (Colleen O’Conner)(2008)

Defense motion for client to stay at WSH pending trial (decompensates at jail)

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Order to Dismiss – Delay in Transport of DD Client for Restoration (Kari Reardon) (2009)

This order provides for dismissal of a criminal case with a developmentally disabled defendant where there is not enough restoration time remaining to restore the defendant. (Note that the competency statute has been modified sinc...

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Motion to DM- Delay in Transport of DD Client (Kari Reardon) (2013)

Time for felony restoration started when hospital received the order, the client has waited in jail for transport and not received care, will not restore in time frame allowed.

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Findings_Order to Redact Competency Evaluation (10.2013)

Sample Order, to be entered following Motion to Seal/Redact and consideration of the Ishikawa factors

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