In re the Detention of Halgren

¶36 (dissenting) — The State is prohibited from administering CR 35 mental examinations in the course of involuntary commitment proceedings under chapter 71.09 RCW. In re Det. of Williams, 147 Wn.2d 476, 491, 55 P.3d 597 (2002). However the centerpiece of the State’s case against Michael Halgren was the results of a CR 35 mental examination administered over his objections by the *813State’s expert witness, Dr. Robert Wheeler, while Halgren remained in custody. The majority declines to consider Halgren’s CR 35 claim and, instead, adopts a theory advanced by the State for the first time before…