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STATE v. McCUISTION

No. 81644-1.

238 P.3d 1147 (2010)

STATE of Washington, Respondent, v. David W. McCUISTION, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 2, 2010.

Attorney(s) appearing for the Case

Nancy P. Collins , David L. Donnan , Washington Appellate Project, Seattle, WA, for Petitioner.

Malcolm Ross , Todd Richard Bowers , Sarah Sappington , Joshua Choate , Office of the Attorney General, Seattle, WA, Jeffrey Todd Even , Office of the Attorney General, Olympia, WA, for Respondent.

STEPHENS, J.

¶ 1 This case involves a constitutional challenge to the 2005 amendments to the annual review process under Washington's sexually violent predator (SVP) statute, chapter 71.09 RCW. David McCuistion was indefinitely committed as an SVP in 2004. In 2006, the Pierce County Superior Court held a show cause hearing for the consolidated periods of 2004-2006. It concluded that McCuistion failed to establish probable cause to believe his condition had "so...

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