RAP 16.4: PERSONAL RESTRAINT PETITION-GROUNDS FOR REMEDY

(a) Generally. Except as restricted by section (d), the appellate court will grant appropriate relief to a petitioner if the petitioner is under a "restraint" as defined in section (b) and the petitioners restraint is unlawful for one or more of the reasons defined in section (c).

(b) Restraint. A petitioner is under a "restraint" if the petitioner has limited freedom because of a court decision in a civil or criminal proceeding, the petitioner is confined, the petitioner is subject to imminent confinement, or the petitioner is under some other disability resulting from a judgment or sentence in a criminal case.

(c) Unlawful Nature of Restraint. The restraint must be unlawful for one or more of the following reasons:

(1) The decision in a civil or criminal proceeding was entered without jurisdiction over the person of the petitioner or the subject matter; or

(2) The conviction was obtained or the sentence or other order entered in a criminal proceeding or civil proceeding instituted by the state or local government was imposed or entered in violation of the Constitution of the United States or the Constitution or laws of the State of Washington; or

(3) Material facts exist which have not been previously presented and heard, which in the interest of justice require vacation of the conviction, sentence, or other order entered in a criminal proceeding or civil proceeding instituted by the state or local government; or

(4) There has been a significant change in the law, whether substantive or procedural, which is material to the conviction, sentence, or other order entered in a criminal proceeding or civil proceeding instituted by the state or local government, and sufficient reasons exist to require retroactive application of the changed legal standard; or

(5) Other grounds exist for a collateral attack upon a judgment in a criminal proceeding or civil proceeding instituted by the state or local government; or

(6) The conditions or manner of the restraint of petitioner are in violation of the Constitution of the United States or the Constitution or laws of the State of Washington; or

(7) Other grounds exist to challenge the legality of the restraint of petitioner.

(d) Restrictions. The appellate court will only grant relief by a personal restraint petition if other remedies which may be available to petitioner are inadequate under the circumstances and if such relief may be granted under RCW 10.73.090, or .100. No more than one petition for similar relief on behalf of the same petitioner will be entertained without good cause shown.

[Originally effective July 1, 1976; amended effective July 2, 1976; September 1, 1991; September 1, 2014.]

References

RCW 7.36, Habeas Corpus.

FREE CASE EVALUATION

  • 2018.png

CONTACT

  • Local: (360) 635-6464
  • Toll Free: (855) 749-0756
  • Fax: (888) 509-8268

LOCATION and MAILING

  • 9105A NE HWY 99, Suite 200
  • Vancouver, WA 98665

Click here for directions

Now defending cases across Washington State:

Clark County, Cowlitz County, Columbia County, King County, Klickitat County, Lewis County, Skamania County, Yakima County, Franklin County, Benton County, Walla Walla County, Wahkiakum County, Thurston County, Pierce County, Vancouver, Battle Ground, Kelso, Longview, Camas, Washougal.

Disclaimer and Privacy Policy (C) 2015

  • 9105A NE HWY 99, St 200, VANCOUVER, WA
  • CALL US FOR A FREE CASE EVALUATION 360-635-6464