Legal Opinion

In re the Personal Restraint of Haghighi

Washington Supreme Court

Decided September 12, 2013No. 87529-4PublishedCited by 32 opinions

1Opinion of the CourtC. Johnson, J.

¶1 This case presents the question of whether our holding in State v. Winterstein, 167 Wn.2d 620, 220 P.3d 1226 (2009), that the inevitable discovery doctrine is inconsistent with article I, section 7 of the Washington State Constitution, applies retroactively to judgments final when the case was decided. Because we hold that Winter-stein does not apply retroactively, we must also address Nadder Baron Haghighi’s claim that his appellate counsel provided ineffective assistance, which requires first determining whether this claim is timely. We affirm the Court of Appeals and hold that…

2Cases cited48 opinions

  1. Teague v. LaneSupreme Court of the United States · 1989
  2. Linkletter v. WalkerSupreme Court of the United States · 1965
  3. Danforth v. MinnesotaSupreme Court of the United States · 2008
  4. Danforth v. MinnesotaSupreme Court of the United States · 2008
  5. State v. O'NeillWashington Supreme Court · 2003

43 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. In re the Personal Restraint of ColbertWashington Supreme Court · 2016
  2. State of Washington v. Dallin David FortCourt of Appeals of Washington · 2015
  3. Personal Restraint Petition Of Vincent L FowlerCourt of Appeals of Washington · 2019
  4. State v. KellyWashington Supreme Court · 2024
  5. In re the Personal Restraint of MinesCourt of Appeals of Washington · 2015

27 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API