§ 24.10 Resources and Forms

JurisdictionWashington

§24.10 RESOURCES AND FORMS

This section provides some resources for further research and a personal restraint petition form.

(1) Further resources

The ABA Standards Relating to Post Conviction Remedies (Approved Draft, 1968) continue to provide an important source of guidance in personal restraint cases. See, e.g., In re Cook, 114 Wn.2d 802, 812, 792 P.2d 506 (1990). See §24.2(1), above, for a discussion of the role of these standards in the development of post-conviction relief in Washington.

The commentary to the personal restraint rules by the task force that drafted the Rules of Appellate Procedure is available in 3 Karl B. Tegland, Washington Practice: Rules Practice 315-91 (8th ed. 2014).

Three helpful books on post-conviction relief and remedies generally are Larry W. Yackle, PostConviction Remedies (1981 & Supp.); Ira P. Robbins, Comparative Postconviction Remedies (1980); and Donald E. Wilkes, Jr., Federal & State Post Conviction Remedies and Relief Handbook With Forms (2014). On the trends in federal habeas corpus law that are partially paralleled in developing Washington law on personal restraint petitions, see Yackle and Wilkes. See also Randy Hertz & James S. Liebman, Federal Habeas Corpus Practice and Procedure (6th ed. 2011).

(2) Forms

RAP, Appendix of Forms, Form 17 is a simple personal restraint petition form that can be used by pro se petitioners or counsel. A practitioner's form that allows somewhat more flexibility of presentation is set forth here:

STATE OF WASHINGTON
IN THE COURT OF APPEALS
DIVISION I

In the Matter of the )
Personal Restraint )
Petition of ) NO.
)
[Name of Petitioner], ) PERSONAL RESTRAINT
) PET
...

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