STATE v. HENG

No. 101159-8.

539 P.3d 13 (2023)

STATE of Washington, Respondent, v. Mitchell HENG, Petitioner.

Supreme Court of Washington, En Banc.

Filed: December 7, 2023.


Attorney(s) appearing for the Case

Kathryn A. Russell Selk , Russell Selk Law Office, 1037 Ne 65th St., # 176, Seattle, WA, 98115-6655, for Petitioner.

Prosecuting Attorney Clark County, Clark County Prosecuting Attorney, P.O. Box 5000, 1013 Franklin Street, Vancouver, WA, 98666-5000, Aaron Bartlett , Attorney at Law, 1013 Franklin St., Vancouver, WA, 98660-3039, for Respondent.

Mark Bruns Middaugh , Attorney at Law, 600 University St., Ste. 3020, Seattle, WA, 98101-4105, for Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

La Rond Baker , Jazmyn Clark , American Civil Liberties Union of Washington, P.O. Box 2728, Seattle, WA, 98111-2728, for Amicus Curiae on behalf of American Civil Liberties Union of Washington Foundation.

Magda Rona Baker , Washington Defender Association, 810 3rd Ave., Ste. 258, Seattle, WA, 98104-1647, for Amicus Curiae on behalf of Washington Defender Association.

Brian Richard Flaherty , Katherine Elizabeth Hurley , King County Department of Public Defense, 710 2nd Ave., Ste. 200, Seattle, WA, 98104-1703, for Amicus Curiae on behalf of King County Department of Public Defense.


¶1 A person charged with a crime has a right to counsel under our constitutions and under our court rules. Violation of that right is, at least, constitutional error. A violation of that right at critical stages of criminal proceedings is structural error.

¶2 Mitchell Heng was charged with murder, arson, and...

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