Summary
| Jurisdiction | Washington |
Chapter Details
Summary| §24.1 | Introduction | ||
| §24.2 | The Personal Restraint Petition | ||
| (1) | The Personal Restraint Petition and Its Genesis | ||
| (2) | Relationship to the Normal Appellate Process | ||
| (a) | Not an Appeal, But a Quasi-Civil Remedy Initiated by Pleadings | ||
| (b) | Not a Substitute for Appeal | ||
| (c) | Available Concurrently With Appeal to Raise Matters Outside the Record | ||
| §24.3 | Prerequisites for Relief: Unlawful Restraint | ||
| (1) | The Meaning of "Restraint" | ||
| (2) | The Meaning of "Unlawful" | ||
| §24.4 | Requirement of Prejudice and Standard of Proof | ||
| (1) | Constitutional Errors | ||
| (2) | Nonconstitutional Errors | ||
| (3) | Errors by Agencies When No Appeal Could Have Been Filed | ||
| (4) | Standard of Proof; Record Reviewed | ||
| §24.5 | Issues Cognizable and Relief Available | ||
| (1) | Issues Cognizable in a Personal Restraint Petition | ||
| (a) | Guilty Pleas | ||
| (b) | Trial Errors | ||
| (c) | Sentencing Issues | ||
| (d) | Reinstatement of Right to Appeal | ||
| (e) | Lack of Jurisdiction | ||
| (f) | Retroactive Application of New Decisions | ||
| (g) | New Evidence | ||
| (h) | Challenges to Parole Board Action | ||
| (i) | Actions of Agency Confining Petitioner | ||
| (j) | |||
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