State v. Lake

— The questions presented primarily involve the proper standard of proof required of a petitioner under RCW 10.76.070 who seeks to be discharged from confinement as a criminally insane person. At the trial below and while the state’s appeal was pending from a judgment in favor of petitioner ordering his discharge, the Supreme Court of Washington decided State v. Blubaugh, 80 Wn.2d 28, 491 P.2d 646 (1971). Blubaugh laid down a standard of proof different from the standard embodied in the court’s instructions and different from that urged by the state. The posture of this case on appeal is…