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STATE v. McCUISTION

No. 81644-1.

275 P.3d 1092 (2012)

174 Wn.2d 369

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

Supreme Court of Washington, En Banc.

Decided May 3, 2012.

Attorney(s) appearing for the Case

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

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

William McFarland Van Hook , Attorney General's Office, Olympia, WA, amicus counsel for Kelly Cunningham.

Kenneth M. Chang , Kenneth P. Henrikson , The Defender Association, Leslie Jean Garrison , The Schwarz-Garrison Law Firm, Peter Michael MacDonald, Law Office of Pete MacDonald, PLLC, Seattle, WA, amicus counsel for Defender Association.

David J.W. Hackett , Donald J. Porter , King County Prosecuting Attorney, Seattle, WA, amicus counsel for King County Prosecutor & Association of Prosecuting Attorneys.

William Alderman Jaquette, III , Snohomish County PDA, Everett, WA, amicus counsel for Snohomish County Public Defender Association.

Suzanne Lee Elliott , Attorney at Law, Seattle, WA, amicus counsel for Washington Association of Criminal Defense Lawyers.

Travis Stearns , Washington Defender Association, Seattle, WA, amicus counsel for Washington Defender Association.

MADSEN, C.J.

¶ 1 Three years after he was civilly committed as a sexually violent predator (SVP), David McCuistion sought an evidentiary hearing pursuant to RCW 71.09.090(2). In support of his petition for release, Mr. McCuistion submitted a declaration from an expert stating that he had never qualified as a sexually violent predator. The trial court denied an evidentiary hearing to determine his eligibility for unconditional discharge or conditional release...

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