Summary

JurisdictionWashington

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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