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| | 80 Wn.2d 28, THE STATE OF WASHINGTON, Respondent, v. WILLIAM E. BLUBAUGH, Appellant THE STATE OF WASHINGTON, Appellant, ... |
 | | In a proceeding under RCW 10.76.070, for release of a criminally insane person, the standard or guideline for release is in terms of probability of future criminal behavior, rather than whether the applicant has established elements for release beyond a reasonable doubt or by a preponderance of the evidence. |
 | | Defendant was charged with second-degree murder and the trial court, sitting without a jury (defendant had waived a jury trial), found that she had committed the crime as charged, was insane at the time the crime was committed and at the time of trial, and that she was an unsafe person to be at large. |
 | | It reasoned that since the criminally insane are entitled to a commitment hearing similar to that given the mentally ill, they should be governed by a similar release procedure. |
| www.mrsc.org /mc/courts/supreme/080wn2d/080wn2d0028.htm (3024 words) |
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