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.

Kitsap District Court Dismissal Due to Competency Delay- FFCL (09.28.18)

Order Appointing Defense Expert – Competency Evaluation (4.2016)

Court orders defense expert funded to evaluate the defendant for competency; DSHS to pay for cost of evaluation

Writ of Habeas- Delay in Transport

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 t...

Order for Competency Evaluation_Misdemeanor (9.2014)

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

Jury Instructions_Competency Trial

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

Motion to Stay at WSH (2008)

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

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

DD Client waits in jail for 38 days for transport for restoration, not transported so attorney moved to dismiss – client can’t be restored in time frame allowed. 90 day clock starts when hospital receives order.

Motion to DM- Delay in Transport of DD Client (2009)

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.

Findings_Order to Redact Competency Evaluation (10.2013)

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