State v. K.A.B., 475 P.3d 216 (Wash. Ct. App. 2020)

In State v. K.A.B., the Court of Appeals of Washington held that the youth was entitled to a new capacity hearing based on defense counsel’s failure to thoroughly present a diminished capacity defense and the juvenile court’s application of an incorrect standard for capacity to commit a crime. The court offered the following language in support: 

“We reverse K.A.B.’s conviction because she received ineffective assistance of counsel. We hold that her counsel’s performance was deficient in preparing and presenting the diminished capacity defense. Counsel’s performance prejudiced K.A.B. because diminished capacity was the only defense offered and, but for counsel’s unprofessional errors, there is a reasonable probability the outcome of the proceeding below would have been different. 

 We also reverse the finding of juvenile capacity because the juvenile court misapprehended the law when it stated that the ability to form criminal intent is irrelevant to a juvenile capacity determination. On remand, we order the juvenile court to hold a new capacity hearing employing the correct legal standard.”