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STATE v. SISOUVANH

No. 85422-0.

290 P.3d 942 (2012)

175 Wash.2d 607

STATE of Washington, Respondent, v. Phiengchai SISOUVANH, Appellant.

Supreme Court of Washington, En Banc.

Decided October 18, 2012.

Attorney(s) appearing for the Case

Eric J. Nielsen , Nielsen Broman & Koch PLLC, Michael Paul Iaria , Law Office of Michael Iaria, PLLC, Seattle, WA, for Appellant.

Andrew Kelvin Miller , Benton County Prosecutor's Office, Kennewick, WA, for Respondent.

Diane Narasaki , Seattle, WA, amicus counsel for Asian Counseling & Referral Service.

Brian D. Buckley , Ewa Maria Davison , Fenwick & West LLP, Seattle, WA, amicus counsel for Fred T. Korematsu Center for Law and Equality.

Daryl Fujii, DR , Kailua, HI, amicus counsel.

David Ko , Keller Rohrback LLP, Seattle, WA, amicus counsel for Korean American Bar Association of Washington.

Teebah Alsaleh , Edifecs, Inc., Bellevue, WA, amicus counsel for Middle Eastern Legal Association of Washington.

Jorge Luis Baron , Northwest Immigrant Rights Project, Seattle, WA, amicus counsel for Northwest Immigrant Rights Project.

Michele Elena Storms , William H. Gates Hall UW School of Law, Seattle, WA, amicus counsel for of OneAmerica.

Neil Martin Fox , Law Office of Neil Fox, PLLC, Sheryl Gordon McCloud , Law Offices of Sheryl Gordon McCloud, Travis Stearns , Ann E. Benson , Washington Defender Association, Seattle, WA, amicus counsel for Washington Association of Criminal Defense Lawyers/Washington Defender Association.

GONZÁLEZ, J.

¶ 1 On direct review, appellant Phiengchai Sisouvanh challenges the adequacy of the competency evaluation she received pursuant to RCW 10.77.060 prior to her trial and conviction for aggravated first degree murder. Sisouvanh immigrated to the United States from Laos at around five years of age and alleges that the court-appointed expert who conducted her evaluation failed to properly account for her distinct cultural background as a Laotian...

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