In re the Personal Restraint of Quinn

¶1 Today we decide which party in a collateral attack proceeding — the petitioner or the State— *820bears the burden of establishing the timeliness of a petition for relief. A personal restraint petitioner who collaterally attacks a criminal judgment and sentence bears the overall burden of demonstrating an entitlement to relief. In the absence of an applicable exception, obtaining relief in a collateral proceeding is conditioned upon the petition’s timeliness under RCW 10.73.090, that is, within one year of the date on which the criminal judgment and sentence became final. We hold that the…