No. 18-5806

Edwin David Corbett v. Washington

Lower Court: Washington
Docketed: 2018-08-29
Status: Denied
Type: IFP
IFP
Tags: criminal-procedure due-process habeas-corpus insufficient-evidence jackson-v-virginia post-conviction-relief statute-of-limitations sufficiency-of-evidence time-limitation
Key Terms:
DueProcess
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether the one-year limitations period under Washington's Revised Code §10.73.100(4) bars a petitioner from relitigating a sufficiency of evidence claim under Jackson v. Virginia and Sanders v. U.S.

Question Presented (OCR Extract)

QUESTIONS PRESENTED This court's precedent in Jackson v. Virginia, 443 U.S. 307 (1979), and Sanders v. U.S., 373 U.S. 1 (1963), controls as follows: . 1. The alleged victim, six-year old J.0., made several inconsistent out-of-court statements, and trial testimony, that the petitioner assaulted her on four different occasions. Despite incredible testimony at trial, a jury found petitioner guilty as charged. On direct appeal, petitioners' defense counsel misapplied court of , appeals decisions involving J.0.s' unbelievable statements and testimony, and consequently, petitioner's conviction was affirmed. Petitioner made an attempt to revive his insufficient evidence claim, and the state court of appeals denied his petition on the ground that this claim is not : exempt from the time limitations set forth in Revised Code of Washington, §10.73.100(4). The question is whether $10.73.100(4), holding that insufficiency of evidence claims are not exempt from the one year limitations period, bar petitioner from relitigation of his sufficiency of evidence claim?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-05-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 28, 2018)

Attorneys

Edwin David Corbett
Edwin David Corbett — Petitioner
Edwin David Corbett — Petitioner