Legal Opinion

In re the Detention of Kistenmacher

Washington Supreme Court

Decided February 21, 2008No. 79064-7PublishedCited by 20 opinions

1Opinion of the Court

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The Washington State Legislature has created a special civil commitment system for sexually violent predators, chapter 71.09 RCW. “At all stages of the proceedings,” those facing civil commitment as sexually violent predators are “entitled to the assistance of counsel.” RCW 71.09.050(1). We must decide whether a statutorily mandated precommitment psychological examination is a “proceeding” under this chapter. We hold that it is. We also hold that the error in the case before us was harmless and affirm the Court of Appeals on different grounds.

Chambers, J.

FACTS

¶2 In 1996, Alfred…

2Cases cited20 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  3. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  4. Allen v. IllinoisSupreme Court of the United States · 1986
  5. Matter of Personal Restraint of YoungWashington Supreme Court · 1993

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3Cited by20 opinions

  1. Saleemi v. Doctor's Associates, Inc.Washington Supreme Court · 2013
  2. in Re Commitment of John James Smith Jr., Texas Court of Appeals, 9th District (Beaumont)2014
  3. In re the Detention of StrandWashington Supreme Court · 2009
  4. In Re Detention of StrandWashington Supreme Court · 2009
  5. In re the Personal Restraint of KhanWashington Supreme Court · 2015

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