Legal Opinion
In re the Detention of McGary
Court of Appeals of Washington
Decided March 23, 2010No. 38257-1-IIPublishedCited by 4 opinions
1Opinion of the CourtHoughton, J.
¶1 Damell McGary appeals1 the trial
court’s denial of his motion for a full evidentiary hearing under RCW 71.09.090,2 the sexually violent predator (SVP) statute. He argues that (1) the trial court impermissibly weighed evidence presented at his show cause hearing, (2) he presented sufficient evidence to establish probable cause requiring a full evidentiary hearing, and (3) RCW 71.09.090(4) violates due process as applied to him. We affirm.
FACTS
¶2 McGary is a convicted sex offender. In re Det. of McGary, 128 Wn. App. 467, 470, 116 P.3d 415 (2005).3 In 1988, he pleaded guilty to two counts of…
2Cases cited12 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Foucha v. LouisianaSupreme Court of the United States · 1992
- Cowiche Canyon Conservancy v. BosleyWashington Supreme Court · 1992
- In re the Detention of PetersenWashington Supreme Court · 2002
- Detention of Petersen v. StateWashington Supreme Court · 2002
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Detention of MitchellCourt of Appeals of Washington · 2011
- In RE DETENTION OF McGARYCourt of Appeals of Washington · 2010
- In Re Detention of MitchellCourt of Appeals of Washington · 2011
- In re the Detention of McGaryCourt of Appeals of Washington · 2010