Legal Opinion
In re the Personal Restraint of Hubert
Court of Appeals of Washington
Decided June 4, 2007No. 58680-7-IPublishedCited by 23 opinions
1Opinion of the Court
¶1 Where counsel in a criminal case fails to advance a defense authorized by statute and there is evidence to support the defense, counsel’s performance is deficient. Here, that deficient performance prejudiced Nicolas Hubert. We grant his personal restraint petition, vacate the conviction, and remand for a new trial.
Ellington, J.
BACKGROUND
¶2 On May 15, 2004, Noel Wood joined her roommate Sandy Sallee and their friend Jenny Hale for a “girls’ night out,” drinking and dancing at several bars in Bellingham. Towards the end of the evening, the women met Nicolas Hubert, who joined them at a…
2Cases cited14 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- State v. McFarlandWashington Supreme Court · 1995
- State v. HendricksonWashington Supreme Court · 1996
- State v. HendricksonWashington Supreme Court · 1996
- State v. ThomasWashington Supreme Court · 1987
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. CoristineWashington Supreme Court · 2013
- In re the Personal Restraint of MonschkeCourt of Appeals of Washington · 2010
- State v. PowellCourt of Appeals of Washington · 2009
- State v. PowellCourt of Appeals of Washington · 2009
- State v. FloraCourt of Appeals of Washington · 2011
18 more not listed; retrieve them via the Exa API.