SVP hearing (Washington) · Go Syfert
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SVP hearing in Washington

14 Washington opinions name it 2 courts 2007–2024 2 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
In RE DETENTION OF ELMORE v. Stategreen
washctapp · 2006 · cited in 2 Washington opinions naming this issue, 2007–2007
2 sentences

2007App. 402 , 139 P.3d 1140 (2006) (no retroactive application when the court applied amendments that clarified the legislature’s definition of the change required for a new SVP hearing), review granted, 152 Wn.2d 1025 (2007); Shelter Am.

2007App. 402 , 139 P.3d 1140 (2006) (no retroactive application when the court applied amendments that clarified the legislature’s definition of the change required for a new SVP hearing), review granted, 152 Wn.2d 1025 (2007); Shelter Am.

12
In re the Detention of Ambersgreen
wash · 2007 · cited in 1 Washington opinions naming this issue, 2011–2011
1 sentence

2011See Ambers, 160 Wash.2d at 548-49 , 158 P.3d 1144 .

11
In Re Detention of Ambersgreen
wash · 2007 · cited in 1 Washington opinions naming this issue, 2011–2011
1 sentence

2011See Ambers, 160 Wash.2d at 548-49 , 158 P.3d 1144 .

11
Sherry v. Financial Indem. Co.green
wash · 2007 · cited in 1 Washington opinions naming this issue, 2007–2007
2 sentences

2007See e.g., In re Detention of Elmore v. State, 134 Wash.App. 402 , 139 P.3d 1140 (2006), (no retroactive application when the court applied amendments that clarified the legislature's definition of the change required for a new SVP hearing) ( review granted, No. 79208-9, 158 Wash.2d 1025 , 152 P.3d 347 (Jan. 3, 2007)); Shelter America Corp. v. Ohio Cas. and Ins.

2007See e.g., In re Detention of Elmore v. State, 134 Wash.App. 402 , 139 P.3d 1140 (2006), (no retroactive application when the court applied amendments that clarified the legislature's definition of the change required for a new SVP hearing) ( review granted, No. 79208-9, 158 Wash.2d 1025 , 152 P.3d 347 (Jan. 3, 2007)); Shelter America Corp. v. Ohio Cas. and Ins.

11
In re the Detention of Elmoregreen
washctapp · 2006 · cited in 1 Washington opinions naming this issue, 2007–2007
2 sentences

2007See e.g., In re Detention of Elmore v. State, 134 Wash.App. 402 , 139 P.3d 1140 (2006), (no retroactive application when the court applied amendments that clarified the legislature's definition of the change required for a new SVP hearing) ( review granted, No. 79208-9, 158 Wash.2d 1025 , 152 P.3d 347 (Jan. 3, 2007)); Shelter America Corp. v. Ohio Cas. and Ins.

2007See e.g., In re Detention of Elmore v. State, 134 Wash.App. 402 , 139 P.3d 1140 (2006), (no retroactive application when the court applied amendments that clarified the legislature's definition of the change required for a new SVP hearing) ( review granted, No. 79208-9, 158 Wash.2d 1025 , 152 P.3d 347 (Jan. 3, 2007)); Shelter America Corp. v. Ohio Cas. and Ins.

11
Shelter America Corp. v. Ohio Casualty & Insurance Co.green
utahctapp · 1987 · cited in 1 Washington opinions naming this issue, 2007–2007
2 sentences

2007Co., 745 P.2d 843, 845-46 (Utah Ct.App.1987) (a court could apply a statute including mobile homes in the definition of "motor vehicles" because the law merely clarified the meaning of motor vehicle from an earlier statute.).

2007Co., 745 P.2d 843, 845-46 (Utah Ct.App.1987) (a court could apply a statute including mobile homes in the definition of "motor vehicles" because the law merely clarified the meaning of motor vehicle from an earlier statute.).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
In re the Detention of Greenwood green
washctapp · 2005
2 sentences

2024App. 277 , 122 P.3d 747 (2005), Ross argues the initial SVP hearing for this class of persons should include the same rights as criminal trials because the “intent” of the statute [is] “to protect Ross’ liberty.” However, that argument overstates the intent of the hearing and conflicts with this court’s holding that “the requirement of the initial hearing is not an end in itself as with a criminal trial, but a part of a two-step process designed to protect incompetent individuals.” Greenwood, 130 Wn.

2024App. 277 , 122 P.3d 747 (2005), Ross argues the initial SVP hearing for this class of persons should include the same rights as criminal trials because the “intent” of the statute [is] “to protect Ross’ liberty.” However, that argument overstates the intent of the hearing and conflicts with this court’s holding that “the requirement of the initial hearing is not an end in itself as with a criminal trial, but a part of a two-step process designed to protect incompetent individuals.” Greenwood, 130 Wn.

32011–2024
Matter of Personal Restraint of Young red
wash · 1993
2 sentences

2009Young, 122 Wn.2d at 26 .

2009Young, 122 Wn.2d at 26 .

32009–2009
Jackson v. Denno green
scotus · 1964
2 sentences

2009Thus, the admission of coerced statements in an SVP hearing violates the defendant’s due process rights. ¶49 The United States Supreme Court has held an individual’s due process protection against the use of a coerced confession required the use of procedures “fully adequate to insure a reliable and clear-cut determination of the voluntariness of the confession, including the resolution of disputed facts upon which the voluntariness issue may depend.” Jackson v. Denno, 378 U.S. 368, 391 , 84 S. Ct. 1774 , 12 L.

2009Thus, the admission of coerced statements in an SVP hearing violates the defendant’s due process rights. ¶49 The United States Supreme Court has held an individual’s due process protection against the use of a coerced confession required the use of procedures “fully adequate to insure a reliable and clear-cut determination of the voluntariness of the confession, including the resolution of disputed facts upon which the voluntariness issue may depend.” Jackson v. Denno, 378 U.S. 368, 391 , 84 S. Ct. 1774 , 12 L.

22009–2009
State ex rel. K.M. v. West Virginia Department of Health & Human Resources green
wva · 2002
2 sentences

2007Va. Dep't of Health & Human Res., 212 W.Va. 783, 793 , 575 S.E.2d 393 (2002). ¶ 36 I part company with the majority, however, in severing confrontation and cross-examination in analyzing what process is due an SVP defendant.

2007Va. 783, 793 , 575 S.E.2d 393 (2002). f 36 I part company with the majority, however, in severing confrontation and cross-examination in analyzing what process is due an SVP defendant.

22007–2007
In Re Detention of Greenwood green
washctapp · 2005
2 sentences

2024App. 277 , 122 P.3d 747 (2005), Ross argues the initial SVP hearing for this class of persons should include the same rights as criminal trials because the “intent” of the statute [is] “to protect Ross’ liberty.” However, that argument overstates the intent of the hearing and conflicts with this court’s holding that “the requirement of the initial hearing is not an end in itself as with a criminal trial, but a part of a two-step process designed to protect incompetent individuals.” Greenwood, 130 Wn.

2024App. 277 , 122 P.3d 747 (2005), Ross argues the initial SVP hearing for this class of persons should include the same rights as criminal trials because the “intent” of the statute [is] “to protect Ross’ liberty.” However, that argument overstates the intent of the hearing and conflicts with this court’s holding that “the requirement of the initial hearing is not an end in itself as with a criminal trial, but a part of a two-step process designed to protect incompetent individuals.” Greenwood, 130 Wn.

12024–2024
In re Det. of McHatton green
wash · 2021
2 sentences

2021Any final order made after judgment that affects a substantial right.” With regard to RAP 2.2(a)(8), the court concluded that, “regardless of whether a person is in total confinement or in an LRA, they remain a ‘committed person’ under the statute.” McHatton, 485 P.3d at 324 .

2021Any final order made after judgment that affects a substantial right.” With regard to RAP 2.2(a)(8), the court concluded that, “regardless of whether a person is in total confinement or in an LRA, they remain a ‘committed person’ under the statute.” McHatton, 485 P.3d at 324 .

12021–2021
In Re Detention of Post green
wash · 2010
2 sentences

2011Id. ¶ 7 Mr. Coe first raises challenges to the admission of evidence at the SVP hearing.

2011Id. ¶ 7 Mr. Coe first raises challenges to the admission of evidence at the SVP hearing.

12011–2011
In re the Detention of Post green
wash · 2010
2 sentences

2011Id. ¶7 Mr. Coe first raises challenges to the admission of evidence at the SVP hearing.

2011Id. ¶7 Mr. Coe first raises challenges to the admission of evidence at the SVP hearing.

12011–2011

Statutes the citing opinions construe

WA § Wash. Rev. Code § 71.09.020 (13) WA § Wash. Rev. Code § 71.09.060 (10) WA § Wash. Rev. Code § 71.09.050 (9) WA § Wash. Rev. Code § 71.09.040 (7) WA § Wash. Rev. Code § 71.09.030 (6) WA § Wash. Rev. Code § 71.09.070 (6) WA § Wash. Rev. Code § 71.09.090 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 131 (2004–2026) CA 38 (2006–2025) WA 14 (2007–2024) MO 10 (2004–2023) TX 4 (2017–2025) NJ 4 (2000–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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