STATE v. JOHNSTON

No. 24850-0-III.

177 P.3d 1127 (2007)

STATE of Washington, Respondent, v. Guylin Michael JOHNSTON, Appellant.

Court of Appeals of Washington, Division 3.

Publication Ordered February 12, 2008.


Attorney(s) appearing for the Case

David Ray Hearrean, Law Office of David R. Hearrean, PS, Spokane, WA, for Appellant.

Kevin Michael Korsmo, Attorney at Law, Spokane, WA, for Respondent.


KULIK, J.

¶ 1 Guylin Johnston appeals his second degree rape conviction. Mr. Johnston asserts that his right to due process was violated when police instructed a hospital employee to destroy potentially exculpatory evidence; that the trial court erred by failing to hold a competency hearing for the alleged victim; and that he received ineffective assistance of counsel. Where the evidence destroyed is potentially useful, as opposed to material exculpatory evidence...

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