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STATE v. HARRIS

No. 56205-9.

114 Wn.2d 419 (1990)

789 P.2d 60

THE STATE OF WASHINGTON, Respondent, v. BENJAMIN JAMES HARRIS III, Petitioner.

The Supreme Court of Washington, En Banc.

March 29, 1990.

Attorney(s) appearing for the Case

Browne & Ressler, by Allen M. Ressler, for petitioner.

John W. Ladenburg, Prosecuting Attorney, and Chris Quinn-Brintnall, Senior Appellate Deputy, for respondent.

James E. Lobsenz on behalf of Washington Association of Criminal Defense Lawyers; David J. Burman, Valerie L. Hughes, and Kevin J. Hamilton on behalf of American Civil Liberties Union, amici curiae for petitioner.

Kenneth O. Eikenberry, Attorney General, and John M. Jones and Paul D. Weisser, Assistants; Robert S. Lasnik on behalf of Washington Association of Prosecuting Attorneys, amici curiae for respondent.

DOLLIVER, J.

Following its June 29, 1989, en banc administrative conference, this court granted Benjamin Harris' motion for discretionary review of the warrant setting his execution for July 11, 1989. In the order granting review, the court acknowledged that Harris' motion for stay of execution had become moot by a federal stay order. We observed, however, that his claim of incompetency to be executed may not be moot and presents "important questions which should...

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