Sunday, July 23, 2006

No Right to Counsel During Psych Eval

A psychological evaluation is used as evidence in a jury trial to determine whether someone is a sexually violent predator under RCW 71.09. The defendant has a right to counsel "[a]t all stages of the proceedings" -- so does that include the psychologist's examination? That's what a defendant argued -- but Division II answered No. In re Detention of Kistenmacher, --- P.3d ---, 2006 WL 1892425 (Wash. App. July 11, 2006)(Bridgewater, J.), Westlaw, Courts website.

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1 comment:

TN said...

If the eval. was ordered as part/a stage of the proceeding, then YES, legal counsel should be made available. It's a shame it is not though, I have read of so many cases veing turned the wrong direction via psych. eval. notes and/or data/reports.