In re the Personal Restraint of Colbert

¶1 In this personal restraint petition (PRP), the petitioner challenges his 2005 conviction for second degree rape, arguing our decision in State v. W.R., *617181 Wn.2d 757, 336 P.3d 1134 (2014)—which held that instructing the jury that the defendant bears the burden to establish the victim’s consent was error—should apply retroactively. He presents two main arguments: that his PRP overcomes the one-year time limit under chapter 10.73 RCW because the decision in W.R. either involved statutory interpretation exempt from the time bar or is a significant change in the law material to his…