exception to the time bar (Washington) · Go Syfert
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exception to the time bar in Washington

11 Washington opinions name it 2 courts 2004–2025 4 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
In re Pers. Restraint of Schorrgreen
wash · 2018 · cited in 3 Washington opinions naming this issue, 2019–2020
2 sentences

2019Restraint of Schorr , 191 Wash.2d 315 , 320, 422 P.3d 451 (2018) ("[Resolving the time bar] is a threshold inquiry; we do not have to decide whether the entire claim is completely meritorious in order to decide whether it fits within an exception to the time bar."). ¶ 19 Meippen argues that RCW 10.73.100(6) exempts him from the time bar.

2019Restraint of Schorr, 191 Wn.2d 315 , 320, 422 P.3d 451 (2018)("[Resolving the time bar] is a threshold inquiry; we do not have to decide whether the entire claim is completely meritorious in order to decide whether it fits within an exception to the time bar.").

23
In re the Personal Restraint of Greeninggreen
wash · 2000 · cited in 2 Washington opinions naming this issue, 2004–2004
2 sentences

2004Greening, 141 Wn.2d at 697-98, 700-01 .

2004Greening, 141 Wash.2d at 697-98, 700-01 , 9 P.3d 206 .

22
In re Pers. Restraint of Monschkegreen
wash · 2021 · cited in 1 Washington opinions naming this issue, 2023–2023
2 sentences

2023Instead, he argues that his PRP falls under the exception to the time bar listed in RCW 10.73.100(2), which states that the one-year limit does not apply in cases where “[t]he statute that the defendant was convicted of violating was unconstitutional on its face or as applied to the defendant’s conduct.” A. MONSCHKE FRACTURED DECISION Pender relies on our supreme court’s decision in In re Personal Restraint of Monschke, 197 Wn.2d 305, 306 , 482 P.3d 276 (2021) (plurality opinion), for his contention that the FASE statute encompasses both a substantive criminal violation provision and a sentenc

2023Instead, he argues that his PRP falls under the exception to the time bar listed in RCW 10.73.100(2), which states that the one-year limit does not apply in cases where “[t]he statute that the defendant was convicted of violating was unconstitutional on its face or as applied to the defendant’s conduct.” A. MONSCHKE FRACTURED DECISION Pender relies on our supreme court’s decision in In re Personal Restraint of Monschke, 197 Wn.2d 305, 306 , 482 P.3d 276 (2021) (plurality opinion), for his contention that the FASE statute encompasses both a substantive criminal violation provision and a sentenc

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
In Re the Personal Restraint of Scott green
wash · 2012
2 sentences

2025Restraint of Scott, 173 Wn.2d 911, 917 , 271 P.3d 218 (2012).

2025Restraint of Scott, 173 Wn.2d 911, 917 , 271 P.3d 218 (2012).

12025–2025
State v. Knapstad green
wash · 1986
2 sentences

2025In any case, to qualify for an exception to the time bar based on newly discovered evidence, the petitioner must show that they 4 State v. Knapstad, 107 Wn.2d 346 , 729 P.2d 48 (1986). 14 No. 87085-8-I/15 “acted with reasonable diligence in discovering the evidence and filing the petition or motion.” RCW 10.73.100(1).

2025In any case, to qualify for an exception to the time bar based on newly discovered evidence, the petitioner must show that they 4 State v. Knapstad, 107 Wn.2d 346 , 729 P.2d 48 (1986). 14 No. 87085-8-I/15 “acted with reasonable diligence in discovering the evidence and filing the petition or motion.” RCW 10.73.100(1).

12025–2025
In re the Personal Restraint of Colbert green
wash · 2016
2 sentences

2022Restraint of Colbert, 186 Wn.2d 614, 619 , 380 P.3d 504 (2016).

2022Restraint of Colbert, 186 Wn.2d 614, 619 , 380 P.3d 504 (2016).

12022–2022
McCoy v. Louisiana green
scotus · 2018
1 sentence

2020Specifically, Somerville argues that McCoy v. Louisiana, constitutes a significant change in the law that is material to his case and applies retroactively. 138 S. Ct. at 1500 .

12020–2020
In re Pers. Restraint of Light-Roth green
wash · 2018
1 sentence

2019In In re Personal Restraint of Light-Roth, our Supreme Court held that O’Dell did not constitute a significant change in the law and therefore did not provide an exception to the time bar. 191 Wn.2d 328 , 336-38, 422 P.3d 444 (2018).

12019–2019
State v. Houston-Sconiers green
wash · 2017
1 sentence

2019As noted above, our Supreme Court in Meippen declined to address this issue. 193 Wn.2d at 315.4 Significantly, here we are not addressing the actual holding of Houston-Sconiers – that “sentencing courts must have absolute discretion to depart as far as they want below otherwise applicable SRA ranges and/or sentencing enhancements when sentencing juveniles in adult court.” 188 Wn.2d at 9 .

12019–2019
In Re Greening green
wash · 2000
1 sentence

2004Greening, 141 Wash.2d at 697-98, 700-01 , 9 P.3d 206 .

12004–2004

Statutes the citing opinions construe

WA § Wash. Rev. Code § 10.73.090 (11) WA § Wash. Rev. Code § 10.73.100 (11) WA § Wash. Rev. Code § 13.04.030 (3) WA § Wash. Rev. Code § 2.06.040 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 61 (2001–2026) WA 11 (2004–2025) CO 5 (2021–2026) IA 3 (1994–2018) MT 3 (2008–2023) OH 3 (2005–2022) MS 3 (2006–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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