Legal Opinion
In Re the Personal Restraint of Lee
Washington Supreme Court
Decided December 31, 1980No. 46886-9PublishedCited by 34 opinions
1Opinion of the Court
Hicks, J. —
In these petitions consolidated for review five persons, each of whom has had numerous contacts with the criminal justice system, seek to bring themselves within the ambit of a recent decision of this court in an effort to escape the rigors of conviction under this state's recidivist law. The issue here, as framed by the Chief Justice in his order of July 11,1980, is:
May a personal restraint petition be used to attack an habitual criminal finding under RCW 9.92.090, on the basis that prior convictions used to support the finding resulted from constitutionally deficient guilty pleas?
2Cases cited20 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Wainwright v. SykesSupreme Court of the United States · 1977
- Fay v. NoiaSupreme Court of the United States · 1963
- Mullaney v. WilburSupreme Court of the United States · 1975
- Francis v. HendersonSupreme Court of the United States · 1976
15 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Louis Eugene Russell v. Tom Rolfs, SuperintendentCourt of Appeals for the Ninth Circuit · 1990
- State v. McCullumWashington Supreme Court · 1983
- In Re the Personal Restraint of HewsWashington Supreme Court · 1983
- State v. RayWashington Supreme Court · 1991
- State v. JonesCourt of Appeals of Washington · 1993
29 more not listed; retrieve them via the Exa API.