In re Pers. Restraint of Colbert (Majority, Concurrence and Concurrence/Dissent)
Annotate this CaseIn this personal restraint petition (PRP), the petitioner Bobby Colbert challenged his 2005 conviction for second degree rape, arguing the Washington Supreme Court's decision in "Washington v. W.R.," (336 P.3d 1134 (2014)), which held that instructing the jury that the defendant bears the burden to establish the victim's consent was error, should apply retroactively, and to his case. He argued: (1) that his PRP overcame the one-year time limit under chapter 10.73 RCW because the decision in "W.R." either involved statutory interpretation exempt from the time bar; or (2) was a significant change in the law material to his conviction that required retroactive application. The Court held that W.R. did not apply retroactively and denied the petition as time barred.
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