In re Pers. Restraint of Haghighi (Majority, Concurrence and Dissent)
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The issue before the Supreme Court in this case centered on the Court's holding in "Washington v. Winterstein," (220 P.3d 1226 (2009)) and whether the inevitable discovery doctrine (which was found inconsistent with the Washington constitution) applied retroactively to judgments that were made final when decided. A jury convicted defendant Nadder Haghighi on theft and unlawful issuance of checks or drafts. The underlying issue in this personal restraint petition involved the admissibility of evidence obtained through a warrant issued in Washington, but faxed to the bank's offices in Illinois. A representative at the bank provided records requested by Washington police which did not comply with Illinois' law on domestication of out-of-state warrants. Defendant moved to suppress the records police obtained from Illinois, and appealed the trial court's denial of that motion. He also claimed on appeal he received ineffective assistance of appellate counsel. Upon review of the present case, the Court determined: (1) "Winterstein" did not apply retroactively; and, (2) defendant's ineffective assistance of appellate counsel was time barred.
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