Washington § 10.73.100 - Collateral attack — When one year limit not applicable.

Full text of Washington Revised Code of Washington § 10.73.100 — Collateral attack — When one year limit not applicable., with citation guidance and answers to common questions.

§ 10.73.100. Collateral attack — When one year limit not applicable.

The time limit specified in RCW 10.73.090 does not apply to a petition or motion that is based solely on one or more of the following grounds:
(1) Newly discovered evidence, if the defendant acted with reasonable diligence in discovering the evidence and filing the petition or motion;
(2) The statute that the defendant was convicted of violating was unconstitutional on its face or as applied to the defendant's conduct;
(3) The conviction was barred by double jeopardy under Amendment V of the United States Constitution or Article I, section 9 of the state Constitution;
(4) The defendant pleaded not guilty and the evidence introduced at trial was insufficient to support the conviction;
(5) The sentence imposed was in excess of the court's jurisdiction;
(6) A motion for a modification of conditions of community custody pursuant to RCW 9.94A.703 and 9.94A.709; or
(7) 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 or civil proceeding instituted by the state or local government, and either the legislature has expressly provided that the change in the law is to be applied retroactively, or a court, in interpreting a change in the law that lacks express legislative intent regarding retroactive application, determines that sufficient reasons exist to require retroactive application of the changed legal standard.
[ 2024 c 118 s 8; 1989 c 395 s 2.]

Notes

Application—Effective date—2024 c 118: See notes following RCW 9.94A.704.

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Frequently Asked Questions About Washington § 10.73.100

What does Revised Code of Washington § 10.73.100 cover?

Section 10.73.100 ("Collateral attack — When one year limit not applicable.") is part of the Revised Code of Washington, the codified statutory law of Washington. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Washington § 10.73.100?

A common citation format is "Revised Code of Washington § 10.73.100" (Washington). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Washington law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Washington official source linked on this page or consult a licensed Washington attorney.

How does Washington § 10.73.100 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Washington can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Washington.