Legal Opinion

In re the Personal Restraint of Swagerty

Washington Supreme Court

Decided October 27, 2016No. 91268-8PublishedCited by 16 opinions

1Opinion of the Court

González, J.

¶1 Jerry Lee Swagerty raped a child in 2004, but he was not identified until DNA (deoxyribonucleic acid) tests were done in 2012. Well within the relevant *805statutes of limitations, Swagerty was charged with first degree rape of a child and first degree child molestation. Because of his criminal history, he faced a life sentence if convicted as charged. In order to avoid a life sentence, Swagerty pleaded guilty to four lesser offenses in 2013. However, the statute of limitations had run on three of the amended charges. Swagerty seeks to vacate those three convictions and be…

2Cases cited34 opinions

  1. Hill v. United StatesSupreme Court of the United States · 1962
  2. Serfass v. United StatesSupreme Court of the United States · 1975
  3. Webster v. FallSupreme Court of the United States · 1925
  4. In Re the Personal Restraint of CookWashington Supreme Court · 1990
  5. In re the Personal Restraint of GoodwinWashington Supreme Court · 2002

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3Cited by16 opinions

  1. In re Pers. Restraint of SchorrWashington Supreme Court · 2018
  2. State Of Washington v. Katrina R. LoosCourt of Appeals of Washington · 2020
  3. In the Matter of the Personal Restraint of: Jose Manual QuinteroCourt of Appeals of Washington · 2024
  4. Personal Restraint Petition Of Gregory Allen SchiratoCourt of Appeals of Washington · 2021
  5. Personal Restraint Petition Of Jarrell Maurice MarshallCourt of Appeals of Washington · 2019

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