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Secondary sources = law reviews, Secondary sources = law reviews, ALR, treatisesALR, treatises

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Secondary Sources = law reviews, ALR, Secondary Sources = law reviews, ALR, treatisestreatises

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In Class ExerciseIn Class Exercise

"Appellate review of a trial court's competency "Appellate review of a trial court's competency determination assesses whether the trial court determination assesses whether the trial court abused its discretion. State v. Ortiz, 104 Wn.2d abused its discretion. State v. Ortiz, 104 Wn.2d 479, 482, 706 P.2d 1069 (1985). A trial court 479, 482, 706 P.2d 1069 (1985). A trial court abuses its discretion when its decision is abuses its discretion when its decision is manifestly unreasonable, or exercised on manifestly unreasonable, or exercised on untenable grounds or for untenable reasons. untenable grounds or for untenable reasons. State ex rel. Carroll v. Junker, 71 Wn.2d 12, 26, State ex rel. Carroll v. Junker, 71 Wn.2d 12, 26, 482 P.2d 775 (1971). However, because the 482 P.2d 775 (1971). However, because the competency determination is a mixed question of competency determination is a mixed question of law and fact, the reviewing court 'independently law and fact, the reviewing court 'independently appl[ies] the law to the facts.' State v. Marshall, appl[ies] the law to the facts.' State v. Marshall, 144 Wn.2d 266, 282, 27 P.3d 192 (2001)."144 Wn.2d 266, 282, 27 P.3d 192 (2001)."

Results of ExerciseResults of Exercise

State v. OritzState v. Oritz Graphics?Graphics? Is it okay to cite?Is it okay to cite?

Carroll v. JunkerCarroll v. Junker Graphics? Graphics? Is it okay to cite?Is it okay to cite?

State v. MarshallState v. Marshall Graphics?Graphics? Is it okay to cite?Is it okay to cite?

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Don’t rely on the iconsDon’t rely on the icons• Remember the delay in analysisRemember the delay in analysis• The red or yellow symbol may stand for The red or yellow symbol may stand for

an entirely different legal point than an entirely different legal point than yoursyours