Washington Legal Defense
Free Consultation
Andress Retroactive Application Get 150+ Years of Combined Litigation Experience on Your Side
Hester Law Group

Andress Retroactive Application

As many of you recall, the Washington State Supreme Court, in In Re Andress, 147 Wn.2d 602, 56 P.3d 981 (2002), held that assault could not be a predicate felony for second-degree felony murder. The question arising from Andress was whether it would be applied retroactively. The Supreme Court answered that question in a unanimous decision in In Re Hinton, filed November 18, 2004.

Hinton, a consolidation of numerous cases, reviewed the propriety of continued incarceration for second-degree felony murder convictions based upon assault as the predicate felony. The seminal question the court answered was whether the petitioners’ PRPs were time-barred by RCW 10.73.090(1) which states that “No petition or motion for collateral attack on a judgment and sentence in a criminal case may be filed more than one year after the judgment becomes final if the judgment and sentence is valid on its face...” The court quickly disposed of such inquiry stating that because the convictions under RCW 9A.32.050, which relied upon assault as the predicate felony, were not convictions of a crime at all, the convictions were facially invalid because the defendants were being held on convictions of a non-existent crime. Further, the court found both actual and substantial prejudice established by the petitioners because of the wrongful convictions.

The court also addresses the 2003 statutory amendment that added assault to the category of felonies that can serve as predicate felonies for second-degree felony murder and held that the statute could not be applied retroactively. Such application would violate the ex post facto clause of the state and federal constitutions, which prohibit laws being applied retroactively if they impose punishment for an act that was not punishable when committed. Accordingly, the court held that the petitioners were entitled to the relief requested and remanded the cases for further proceedings.

The retroactive effect of Andress has been long-awaited. This decision may also foreshadow the court’s pending decision regarding the retroactive application of Blakely v. Washington, where the court will determine whether exceptional sentences above the standard range that were decided prior to Blakely are valid.

Categories

Success Stories

  • If he said he was going to do something he did it. He has integrity.

    “Wayne Fricke is a terrific lawyer who knows the law. The following are only several of many ways Mr. Fricke supported me during my time of crisis: 1. Explained the charges against me in a manner that ...”

    - Former Client
  • He always exceeds expectations.

    “Mr. Fricke has been our family lawyer for about 5 years. He has done an amazing job representing my family and I. He always exceeds expectations and informs us on everything going on.”

    - Jen
  • He, at no time, treated me as though I was guilty.

    “I was accused of domestic violence and need a Lawyer to defend me. Not knowing who to hire I started with Mr. K.W. This lawyer did not seem to believe in my innocence and I was looking at 3 to 5 ...”

    - Craig
  • Mr. Fricke had his office call me weekly for updates.

    “A few years ago, I was involved in a car accident. Due to my injuries, I hired an attorney who seemingly disappeared. I was in crisis after calling the court and finding out my case had been dismissed ...”

    - Sharyl
  • He is always honest and straight forward.

    “I hired Lance Hester to help me with 2 different legal matters. One was a felony criminal case and the other was a family law issue. In the felony criminal case this individual had everything to lose ...”

    - Former Client

Proven Results

  • Reduced Sentence Drug Crime
  • Case Dismissed Multiple Counts of Child Exploitation
  • Case Dismissed Domestic Violence
  • Four Felony Charges Dismissed Four Felony Counts
  • Reduced Sentence Drug Distribution
  • Vacated Conviction 4th Degree Assault
  • Case Dismissed Possession of Stolen Property
  • Two Restraining Orders Granted Anti-harassment Orders
  • Federal Court Success Federal Probation Violation
  • Case Dismissed Rape
/

Why Choose the Hester Law Group?

  • Accessible to Clients

    We understand the urgency clients have when they need an attorney. We are availableĀ  24/7 to help you.

  • We Truly Care

    We feel honored to help someone through the toughest time they will ever go through.

  • Personalized Approach

    At Hester Law Group, we use a personal approach that best suits the needs of our clients.

  • Unparalleled Experience

    We have been a successful team for two decades and have over 130 years of combined experience.

We're Available 24/7

Get Started on Your Defense Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.