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Linda Renae Clark v. Washington

IFP petition · Court of Appeals of Washington, Division 1, No. 75330-4-I · judgment March 25, 2019


Certiorari denied · October 5, 2020

Questions presented

  1. Whether a criminal defendant’s Sixth Amendment rights are violated when a public defender fails to independently investigate the criminal charges against their client and subject the prosecution’s test to an adversarial testing.

  2. Whether a judge has a duty to recuse himself once a formal complaint has been filed against him with a governing authority and after a criminal defendant has requested numerous times that he recuse himself.

  3. Whether Polk v. Dodson needs to be reversed OR IN THE ALTERNATIVE Whether the State of Washington violates the Sixth and Fourteenth Amendment rights of indigent criminal defendants by perpetuating the employment of a full-time salaried public defender abusing drugs and unfit for duty when its other full-time salaried employees in the positions of prosecutor, public defender supervisor, and judges knowingly and willingly disregard the State of Washington’s mandatory set of Standards for Indigent Defense Services.

  4. Whether a public defender who is paid as a full-time employee by the state is in violation and/or per se in violation of a defendant’s Sixth Amendment rights when the public defender intentionally lies to the client about his intention to seek and present evidence of an affirmative defense; thereby committing Fraud/Promissory Fraud.

Counsel of record

For petitioner
Linda Renae Clark

For respondent
Erik Pedersen
Skagit County Prosecutor's Office

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 03 2021
    Motion for leave to file a petition for rehearing filed by petitioner DENIED.
  2. Apr 14 2021
    Motion DISTRIBUTED for Conference of 4/30/2021.
  3. Mar 31 2021
    Motion for leave to file a petition for rehearing filed by petitioner.
  4. Oct 05 2020
    Petition DENIED.
  5. Jul 23 2020
    DISTRIBUTED for Conference of 9/29/2020.
  6. Jul 17 2020
    Waiver of right of respondent State of Washington to respond filed.
  7. Jun 08 2020
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2020)