Legal Opinion · Concurrence

In Re the Personal Restraint of James

Washington Supreme Court

Decided January 15, 1982No. 47286-6Published

1ConcurrenceUtter, J.

(concurring) — While I agree with the result reached by the per curiam opinion, I feel a more searching analysis of our standards for review of claims raised in personal restraint petitions is required.

RAP 16.4(c)(2) provides that personal restraint petitions may be used to challenge a "conviction . . . obtained . . . in violation of the Constitution of the United States or the constitution or laws of the State of Washington ..." That rule is not conditioned on the existence of any prior appeals or objections, and it reflects the policy that petitions be decided on their merits.

RAP 16.4 was…

2Cases cited20 opinions

  1. Wainwright v. SykesSupreme Court of the United States · 1977
  2. Brown v. LouisianaSupreme Court of the United States · 1980
  3. In Re the Personal Restraint of KeeneWashington Supreme Court · 1981
  4. In RE McNEAR v. RhayWashington Supreme Court · 1965
  5. In Re the Personal Restraint of MyersWashington Supreme Court · 1979

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