Synopsis: Whether a 2005 amendment to RCW 71.09.090, which altered the proof that a person committed as a sexually violent predator must present to justify a trial on whether he should be released from commitment, violates due process and separation of powers principles.
Docket No. 81644-1 (from Court of Appeals Division II Case No. 35805-1)
Petitioner: David McCuistion
Respondent: State of Washington
Briefs:
- Amicus Cunningham Brief
- Amicus King County Prosecutor Brief
- Answer to WAPA Amicus
- Motion for Disc Review
- Petitioner's Brief
- Petitioner's Brief on Reconsideration
- Petitioner's Supplemental Brief
- Reply
- Repondents Brief
- Respondents Supplemental Brief
- Response to Amicus
- Response to Motion for Disc Review
- Statement of Additional Auth
- Statement of Additional Authority Rec-d 10-16-09
- Statement of Additional Authority Received 2-5-10
- Statement of Additional Authority Received 6-2-11
- Supplemental Brief of Respondent
- WAPA Amicus
- Wda Et Al Amicus
Argument: Thursday, May 12, 2011 9:00am
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, May 3rd, 2012
Prevailing Party: State of Washington (Respondent)
Vote: 6-3
Citation: Pending
Court: Madsen2 Court (2011)
Madsen
(Majority)
Johnson
Alexander
Chambers
Owens
Fairhurst
Johnson
Stephens
(Minority)
Wiggins
(Majority)
Opinion
Partial Concurrence
Dissent
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.