IN RE REISE

No. 34879-9-II.

192 P.3d 949 (2008)

In re the Personal Restraint Petition of Michael John REISE, Petitioner.

Court of Appeals of Washington, Division 2.

September 16, 2008.


Attorney(s) appearing for the Case

Susan F. Wilk, Lila Jane Silverstein, Washington Appellate Project, Seattle, WA, for Petitioner.

Michael J. Reise, Clallam Bay, WA, pro se.

James C. Powers, Thurston County Prosecuting Attorney Office, Olympia, WA, for Respondent.


BRIDGEWATER, J.

¶ 1 Michael John Reise seeks relief from personal restraint to withdraw his straight guilty plea to second degree murder due to newly discovered evidence of a witness. We hold that under the general rule, a defendant pleading guilty (not by a Newton plea), renders irrelevant the question of whether the State could have proved guilt—either that the newly discovered evidence would change the result or is not sufficient. Thus...

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