Legal Opinion

In re the Personal Restraint Well

Washington Supreme Court

Decided November 13, 1997No. 64960-0PublishedCited by 29 opinions

1Opinion of the CourtDolliver, J.

— Petitioner claims his 1980 plea of not guilty by reason of insanity to a first degree assault charge was not knowingly and voluntarily made. Petitioner asks this court to reverse his criminal commitment and order a retrial on the 1980 charges. The State contends the relief requested is procedurally barred by RCW 10.73.090, which imposes a one-year time limit on collateral attacks. We agree with the State and dismiss the Personal Restraint Petition.

In 1980, Well, a paranoid schizophrenic, broke into his landlady’s apartment and stabbed her with a knife. According to a psychiatrist who spoke…

2Cases cited9 opinions

  1. In Re the Personal Restraint of CookWashington Supreme Court · 1990
  2. In Re the Personal Restraint of HewsWashington Supreme Court · 1983
  3. State v. JonesWashington Supreme Court · 1983
  4. Matter of Personal Restraint of RunyanWashington Supreme Court · 2000
  5. State v. SmithWashington Supreme Court · 1977

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

3Cited by29 opinions

  1. State v. RilesWashington Supreme Court · 1998
  2. In Re YimWashington Supreme Court · 1999
  3. In Re Detention of CampbellWashington Supreme Court · 1999
  4. Shumway v. PayneWashington Supreme Court · 1998
  5. Jerome Powell v. John LambertCourt of Appeals for the Ninth Circuit · 2004

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

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