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2009 Amicus Report

WDA filed the following briefs with the United States and Washington Courts in 2009.

United States Supreme Court

Padilla v. Kentucky

Author: Ann Benson (among others)

Issue: Establishing a standard for effective assistance in cases involving non-citizens

Washington Supreme Court

In Re Sandoval

Authors: Ann Benson and Travis Stearns (WACDL and others joined in this brief)

Issue: Whether it is ineffective assistance to fail to advise a defendant with regard to immigration consequences of a guilty plea

State v. Valdez

Authors: Greg Link, Scott Carter Eldred, and Travis Stearns

Issue: Whether Gant should be applied to cases post conviction that are not yet final and whether evidence should be suppressed as a result

Court of Appeals

In Re D.R.

Author: Casey Trupin (Columbia Legal Services) with contribution for Jill Malat

Issue: Whether counsel should be appointed for children in dependency matters

State v. Mankin

Authors: Travis Stearns, Suzanne Elliot and Joseph Alvarado (Filed Jointly with WACDL)

Issue: Whether a refusal by a police officer to be tape recorded during an interview allows the defendant the right to a deposition and whether the WPA applies to tape recorded police interviews

State v. Carneh

Author: Cindy Arends and Travis Stearns

Issue: Whether it violates the defendant’s privacy rights to unseal mental health and competency records in a criminal matter

In re Blackburn

Author: Eric Broman (jointly with NBK)

Issue: Whether it is a non-waivable conflict issue for defense counsel to represent both parents in a dependency proceeding

State v. Afana

Author: Greg Link

Issue: Whether the fruits of the unlawful search in this case must be excluded under the Fourth Amendment to the United States Constitution and/or Article I, section 7 of the Washington Constitution.

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