Court Filings

The Washington Supreme Court decided whether RCW 9.94A.640 permits a person who remains incarcerated on a separate conviction to seek vacation of earlier convictions and whether applicants must present evidence of rehabilitation. The court held that the statute’s time bars require release from complete confinement on all convictions before the statutory crime-free period runs, so a person never released into the community is ineligible. The court also held, following State v. Hawkins, that courts must consider evidence of rehabilitation and that applicants should present such evidence for a court to exercise its discretion. The case is remanded consistent with that ruling.

The Washington Court of Appeals reviewed Harlan Blackburn’s convictions for multiple counts of incest and child rape. The court held that police violated his state constitutional privacy rights by obtaining hotel and purchase data without a warrant, but that the admission of that evidence was harmless. It reversed one conviction (Count 8 for incest in the first degree) for insufficient evidence as to the specific dates charged, affirmed the other convictions, and remanded for resentencing on Counts 2, 3, 5, 6, and 7 because the combined confinement and community custody terms exceeded statutory maximums. The court explained which testimony supported each upheld conviction and the basis for the sentencing remand.