Legal Opinion

In re the Personal Restraint of Jian Liu

Court of Appeals of Washington

Decided June 1, 2009No. 62820-8-IPublishedCited by 1 opinion

1Opinion of the CourtEllington, J.

¶1 This case presents a question of first impression in Washington: whether an alleged fugitive must be competent to participate in an interstate extradition proceeding. We conclude that due process and the right *486to counsel under the Uniform Criminal Extradition Act, chapter 10.88 RCW, demand that a person be sufficiently competent to communicate and assist counsel with the limited defenses available in such a proceeding. Here, though petitioner Jian Liu presented evidence raising questions about her competency, the trial court denied her motion to stay the proceeding pending a determination…

2Cases cited15 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. Michigan v. DoranSupreme Court of the United States · 1978
  3. Charlton v. KellySupreme Court of the United States · 1913
  4. Ex Parte PotterCourt of Criminal Appeals of Texas · 2000
  5. Kostic v. SmedleyAlaska Supreme Court · 1974

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3Cited by1 opinion

  1. Ramirez v. Superior Court of Imperial Cnty., California Court of Appeal, 5th District2017

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