State v. P.E.T.

¶1 — Parish Tate appeals the juvenile court’s adjudication and disposition on the charge of second degree robbery. At issue is whether the court improperly placed on him the burden of proving his incompetence at a competency hearing under former RCW 10.77.060 (2004). This statute is silent as to who bears the burden of proof at an initial competency hearing. But there is a common law presumption that one found incompetent remains so until adjudicated otherwise.1 That presumption is applicable here.

¶2 In this case, Tate was found incompetent in a prior proceeding and the criminal charges…