Motion to DM 8.3(b), or Release or Compensatory Sanctions – Competency Delay re St v. Luvert (1.2022)

This motion seeks DISMISSAL, RELEASE, OR COMPENSATORY SANCTIONS following delay in transport to WSH/ESH for competency services in a criminal case. THANKS to Ramona Brandes for her briefing.

Motion to Seal 10.77 Evaluation (2015)

Findings and Order to Seal 10.77 Evaluation (2013)

The order finds the court should seal or redact a 10.77 competency evaluation.

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.

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...

State Hospital Triage Consult and Expedited Admission Form (3.2016)

Order Appointing Defense Expert for Competency Eval (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. Thanks to Nathan Poston for this brief.

Writ of Habeas RCW 7.36 Due to Delay in Transport (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...

Order for Competency Evaluation_Misdemeanor (9.2014)

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

Defense Proposed Jury Instructions for Competency Trial (2013)

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