In re the Personal Restraint of Higgins

In this case, we review whether the Department of Corrections (DOC) has jurisdiction to rehear an infraction while a personal restraint petition (PRP) concerning the infraction is pending in the appellate court, and whether double jeopardy principles preclude the rehearing. We hold that DOC has jurisdiction to conduct a rehearing and that DOC’s rehearing of the infraction does not violate the principles of double jeopardy. Therefore, we affirm the Court of Appeals’ decision.

FACTS

On July 9, 2002, prison authorities issued a serious infraction report charging petitioner, David Higgins, an…