Legal Opinion
In re the Personal Restraint of Yung-Cheng Tsai
Washington Supreme Court
Decided May 7, 2015No. Nos. 88770-5; 89992-4PublishedCited by 51 opinions
1Opinion of the CourtYu, J.
¶1 As applied to Washington, the holding in Padilla v. Kentucky, 559 U.S. 356, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010) is an affirmation of an old rule of state constitutional law — the duty to provide effective assistance of counsel includes the duty to reasonably research and apply relevant statutes. However, language in certain Washington appellate cases made it appear that this well-established rule did not apply to RCW 10.40.200. In superseding those cases, Padilla significantly changed state law.
¶2 Muhammadou Jagana raises a claim that would have been rejected before Padilla based on…
2Cases cited39 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Teague v. LaneSupreme Court of the United States · 1989
- Padilla v. KentuckySupreme Court of the United States · 2010
- Kimmelman v. MorrisonSupreme Court of the United States · 1986
- Chaidez v. United StatesSupreme Court of the United States · 2013
34 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- In re Pers. Restraint of Light-RothWashington Supreme Court · 2018
- In re Pers. Restraint of AliWashington Supreme Court · 2020
- State v. MillerWashington Supreme Court · 2016
- State v. LopezWashington Supreme Court · 2018
- In re the Personal Restraint of ColbertWashington Supreme Court · 2016
46 more not listed; retrieve them via the Exa API.