Legal Opinion
In re the Personal Restraint of Skylstad
Washington Supreme Court
Decided July 19, 2007No. 78156-7PublishedCited by 63 opinions
1Opinion of the Court
¶1 We are asked to determine whether a judgment is final if a defendant’s sentence is still under appeal. RCW 10.73.090 prevents collateral attacks on a *946judgment and sentence to be filed more than one year after the judgment becomes final. Scott Skylstad filed a personal restraint petition (PRP) during the second of two direct appeals, more than one year after his conviction but while his sentence was on appeal. Despite this ongoing second appeal, the Court of Appeals held Skylstad’s PRP was time-barred.
Sanders, J.
*946¶2 We hold Skylstad’s judgment was not final because his sentence was still…
2Cases cited26 opinions
- Teague v. LaneSupreme Court of the United States · 1989
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- Griffith v. KentuckySupreme Court of the United States · 1987
- Catlin v. United StatesSupreme Court of the United States · 1945
- Burton v. StewartSupreme Court of the United States · 2007
21 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- State v. KilgoreWashington Supreme Court · 2009
- State v. KilgoreWashington Supreme Court · 2009
- State v. LilybladWashington Supreme Court · 2008
- State v. LilybladWashington Supreme Court · 2008
- In re the Personal Restraint of AdamsWashington Supreme Court · 2013
58 more not listed; retrieve them via the Exa API.