Legal Opinion

State v. Scott

Court of Appeals of Washington

Decided May 27, 2009No. 36846-3-IIPublishedCited by 9 opinions

1Opinion of the CourtHunt, J.

¶1 Richard Roy Scott appeals the superior court’s denial of his motion to withdraw his third-degree child-rape Alford1 plea. He argues that the court erred (1) in denying his motion as untimely, and (2) in failing to conduct an evidentiary hearing to determine the credibility of recent recantations by the alleged victim and two witnesses. We vacate the superior court’s order denying Scott’s motion and remand for a reference hearing to determine the credibility of Scott’s “new evidence.”

FACTS

I. Alford Plea and Sentencing

¶2 In 2001, the State charged Richard Roy Scott with one count of third…

2Cases cited17 opinions

  1. North Carolina v. AlfordSupreme Court of the United States · 1970
  2. Schlup v. DeloSupreme Court of the United States · 1995
  3. State v. WilliamsWashington Supreme Court · 1981
  4. State v. NewtonWashington Supreme Court · 1976
  5. State v. AtenWashington Supreme Court · 1996

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3Cited by9 opinions

  1. State v. MacDonaldWashington Supreme Court · 2015
  2. State v. LarsonCourt of Appeals of Washington · 2011
  3. State v. StatlerCourt of Appeals of Washington · 2011
  4. State v. GassmanCourt of Appeals of Washington · 2011
  5. State v. GassmanCourt of Appeals of Washington · 2011

4 more not listed; retrieve them via the Exa API.

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