Edwin David Corbett v. Washington
DueProcess
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.
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?