Legal Opinion

In re the Detention of M.W.

Washington Supreme Court

Decided June 9, 2016No. 90570-3PublishedCited by 26 opinions

1Opinion of the CourtFairhurst, J.

¶1 We accepted discretionary review of this case after the superior court commissioner declared a 2013 amendment to the involuntary treatment act (ITA) unconstitutional. The statutory provision at issue, former RCW 71.05.320(3)(c)(ii) (2013),1 modifies the procedure for recommitting a narrow subset of mentally ill individuals— those found incompetent to stand trial for violent felony charges—to additional 180-day periods of involuntary treatment.

¶2 The trial court commissioner held that former RCW 71.05.320(3)(c)(ii) is unconstitutional on multiple grounds, including substantive and…

2Cases cited37 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Addington v. TexasSupreme Court of the United States · 1979
  3. Foucha v. LouisianaSupreme Court of the United States · 1992
  4. Matter of Personal Restraint of YoungWashington Supreme Court · 1993
  5. City of Spokane v. DouglassWashington Supreme Court · 1990

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3Cited by26 opinions

  1. In Re T.c.Court of Appeals of Washington · 2019
  2. In Re The Detention Of: S.e.Court of Appeals of Washington · 2017
  3. State Of Washington v. Donald John HeutinkCourt of Appeals of Washington · 2020
  4. In Re C.b.Court of Appeals of Washington · 2019
  5. Department of Social & Health Services v. ZamoraCourt of Appeals of Washington · 2017

21 more not listed; retrieve them via the Exa API.

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