In re the Personal Restraint of Haghighi

¶31 (concurring in part/dissenting in part) — The majority adopts a rule that drastically limits amendment of pleadings in the personal restraint petition (PRP) context. This rule conflicts with our jurisprudence allowing amendment of pleadings that comply with Civil Rule (CR) 15(c) in all other civil cases. I therefore dissent from the decision to affirm dismissal of Nadder Baron Haghighi’s ineffective assistance of counsel claim.

*450¶32 I concur in the majority’s decision that Winterstein6 does not apply retroactively in this case. However, I write separately to emphasize how narrow that…