STATE v. COLEY

No. 88111-1.

326 P.3d 702 (2014)

180 Wn.2d 543

STATE of Washington, Petitioner, v. Blayne Jeffrey COLEY, Respondent.

Supreme Court of Washington, En Banc.

June 12, 2014.


Attorney(s) appearing for the Case

Carole Louise Highland , Attorney at Law, Grant Cnty. Pros. Atty. Office, Ephrata, WA, for Petitioner.

David L. Donnan , Gregory Charles Link , Washington Appellate Project, Seattle, WA, for Respondent.


MADSEN, C.J.

¶ 1 This case addresses the proper assignment of the burden of proof at a pretrial competency hearing following treatment designed to restore competency. The trial court placed the burden on respondent Mr. Blayne Coley to prove his incompetence. The Court of Appeals reversed, reasoning that the burden rests with the State to prove restoration of competency and that the trial court's mistake created structural...

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