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STATE v. CHEN

No. 87350-0.

309 P.3d 410 (2013)

178 Wn.2d 350

STATE of Washington, Respondent, v. Louis Chao CHEN, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 5, 2013.

Attorney(s) appearing for the Case

Todd Maybrown , Allen Hansen & Maybrown PS, Raymond Charles McFarland , Law Office of Raymond C. McFarland, Barry L. Flegenheimer , Bell Flegenheimer, Seattle, WA, for Petitioner.

Donald James Raz , Attorney at Law, Cecelia Youngberg Gregson , King County Prosecutors Office, Prosecuting Atty. King County, King Co. Pros./App. Unit Supervisor, Ann Marie Summers , King County Prosecutor's Office, Seattle, WA, for Respondent.

Katherine George , Harrison-Benis LLP, Seattle, WA, Amicus Curiae on behalf of Allied Daily Newspapers of Washington, Washington Newspaper Publishers and Washington COAlition for Open Government.

Sarah A. Dunne , ACLU of Washington Foundation, Nancy Lynn Talner , Douglas B. Klunder , Attorney at Law, Seattle, WA, amicus counsel for Aclu.

Cindy Arends Elsberry , Travis Stearns , Washington Defender Association Seattle, WA, Amicus counsel for Washington Defender Assocation.

Heather Lynn McKimmie , Disability Rights Washington, Seattle, WA, amicus counsel for Disability Rights Washington.

Suzanne Lee Elliott , Attorney at Law, Seattle, WA, Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

C. JOHNSON, J.

¶ 1 The central issue in this case is the apparent conflict between a statutory requirement that arguably limits disclosure of competency evaluations prepared pursuant to chapter 10.77 RCW and our state constitutional requirement that "[j]ustice in all cases shall be administered openly." WASH. CONST. art. I, § 10. Once the competency evaluation was filed with the court, the trial court relied on it to determine the defendant's competency...

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