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IN RE McCARTHY

No. 79025-6.

164 P.3d 1283 (2007)

In the Matter of the Personal Restraint Petition of Donald T. McCARTHY, Respondent.

Supreme Court of Washington, En Banc.

Decided August 16, 2007.

Attorney(s) appearing for the Case

Gregory Joseph Rosen, Attorney General's Office, Criminal Justice Division, Jay Douglas Geck, Office of the Attorney General, Olympia, WA, Michael C. Kinnie, Clark County Prosecutor's Office, Vancouver, WA, for Petitioner.

Richard Alan Linn, Law Office of Richard Linn, PLLC, Seattle, WA, for Respondent.

OWENS, J.

¶ 1 Donald McCarthy is serving an indeterminate sentence as a nonpersistent sex offender under RCW 9.94A.712. Prior to the expiration of his minimum term, the Indeterminate Sentence Review Board (Board) conducted a hearing under RCW 9.95.420(3) (.420 hearing) and found that he would likely reoffend if released. McCarthy contends that due process requires legal counsel for offenders during the .420 hearing. The Court of Appeals held that the Board must...

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