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State v. Anthony Hand, WSSC #94902-6

WACDL filed an amicus brief on behalf of Mr. Hand who petitioned for review to the WSSC from a decision of the COA in #4848-1-1 issued on July 25, 2017 in which the COA held that WSH's delay in admitting Mr. Hand for competency restoration treatment did not require dismissal under CrR 8.3(b) because he could not demonstrate that the delay in receiving restorative treatment prejudiced his right to a fair trial, and dismissal was not required for the due process violation apart from CrR 8.3(b). The petition for review was granted on December 6, 2017.

Issues

Mr. Hand's constitutional right to substantive due process was violated by the 76-day delay between a court order for competency restoration and compliance with that order by DSHS. The trial court ordered a 45-day commitment to Western State Hospital (WSH) within 15 days pursuant to Trueblood, et al., v. Washington State Dept of Social Health Services, 73 F. Supp.3d 1311 (W.D. WA 2014). Mr. Hand was not transported for 76 days and during this time he was being held on a no-bail hold. The trial court ordered sanctions as a result of failure to obey a court order but denied the motion to dismiss finding there was no due process violation.

 

WACDL Amicus Author

Stacey MacDonald

Appellate Author

Marie Trombley

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