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IN RE DETENTION OF THORELL

Nos. 69574-1, 70488-1, 70967-0, 71059-7, 71315-4, 70405-8.

72 P.3d 708 (2003)

149 Wash.2d 724

In re the DETENTION OF Bernard THORELL, Petitioner. In re the Detention of Kenneth R. Gordon, State of Washington, Respondent. In re the Detention of Gordon Michael Strauss, Petitioner, In re the Detention of Charles Lee Johnson, Petitioner. In re the Detention of Casper William Ross, Respondent. In re the Detention of Roger Charles Bishop, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 10, 2003.

Attorney(s) appearing for the Case

The Public Defender Association, David Hirsch, Dennis Carroll, Douglas McCrae, Leslie Garrison, Christine Gregoire, Attorney General, Sarah Sappington, Todd Bowers, Asst. Attorneys General, Washington Appellate Project, Jason Saunders, Nielsen, Broman & Assoc., James Dixon, Eric Broman, Seattle, for Petitioners.

Norm Maleng, King County Prosecutor, Michelle Hauptman, David Hackett, Jeffrey Dernbach, Deputies, Seattle, James Krider, Snohomish County Prosecutor, Seth Fine, David Thiele, Deputies, Everett, Suzanne Elliott, Seattle, for Respondents.

Lisa O'Toole, Seattle, for Amicus Curiae.

Tiller Wheeler Tiller, Peter Tiller, Centralia.

JOHNSON, J.

This case involves three issues regarding commitment proceedings under chapter 71.09 RCW, the sexually violent predator act (SVPA). The first issue is whether the fact finder must determine that the person facing commitment as a sexually violent predator (SVP) has serious difficulty controlling behavior and, if so, whether this determination must be a separate finding based upon a jury instruction. The second issue...

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