State v. Fletcher, State v. Fletcher | Supreme Court of the State of Washington 2018 | LawTools

Summary

The Washington Supreme Court held that an insanity acquittee may petition the superior court directly for conditional release under RCW 10.77.200(5) without first applying through the Department of Social and Health Services. The court further held that an indigent insanity acquittee is entitled to appointed counsel when a direct petition is filed with the court or an administrative application is submitted to DSHS. The court reversed the Court of Appeals and remanded for further proceedings.

Holdings

An insanity acquittee may petition the superior court directly for conditional release under RCW 10.77.200(5) without first applying to the Secretary of DSHS under RCW 10.77.150(1).
An indigent insanity acquittee is entitled to appointed counsel once the acquittee files a direct petition for conditional release with the court or submits an administrative application for conditional release to DSHS; the right does not attach before either filing or submission.

Questions Presented

Whether an insanity acquittee may petition the superior court directly for conditional release under RCW 10.77.200(5) without first applying to DSHS under RCW 10.77.150(1).
Whether an indigent insanity acquittee is entitled to appointed counsel when filing a direct petition for conditional release or submitting an administrative application for conditional release to DSHS under RCW 10.77.020(1).

Disposition

reversed_and_remanded

Cases Cited (12)

State v. Reid, 144 Wn.2d 621, 629-30, 30 P.3d 465 (2001)(followed)
State v. Kolocotronis, 34 Wn. App. 613, 619, 622-24, 663 P.2d 1360 (1983)(followed)
State v. Kolocotronis, 27 Wn. App. 883, 886, 620 P.2d 546 (1980)(followed)
State v. Platt, 143 Wn.2d 242, 248, 251, 19 P.3d 412 (2001)(followed)
Dep't of Ecology v. Campbell & Gwinn, LLC, 146 Wn.2d 1, 9-10, 43 P.3d 4 (2002)(followed)
In re Det. of Kistenmacher, 163 Wn.2d 166, 172-73, 178-85, 178 P.3d 949 (2008)(analogized)
In re Det. of Petersen, 138 Wn.2d 70, 92, 980 P.2d 1204 (1999)(followed)
State v. Hennings, 129 Wn.2d 512, 523-24, 919 P.2d 580 (1996)(followed)
In re Tew, 280 N.C. 612, 618-19, 187 S.E.2d 13 (1972)(analogized)
State v. Fletcher, 198 Wn. App. 157, 162-69, 392 P.3d 1161, review granted, 188 Wn.2d 1015, 396 P.3d 345 (2017)(reversed)

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State v. Fletcher