Section 10.73.100 - Collateral attack-When one year limit not applicableThe time limit specified in RCW 10.73.090 does not apply to a petition or motion that is based solely on one or more of the following grounds:
(1) Newly discovered evidence, if the defendant acted with reasonable diligence in discovering the evidence and filing the petition or motion;(2) The statute that the defendant was convicted of violating was unconstitutional on its face or as applied to the defendant's conduct;(3) The conviction was barred by double jeopardy under Amendment V of the United States Constitution or Article I, section 9 of the state Constitution;(4) The defendant pleaded not guilty and the evidence introduced at trial was insufficient to support the conviction;(5) The sentence imposed was in excess of the court's jurisdiction; (6) A motion for a modification of conditions of community custody pursuant to RCW 9.94A.703 and 9.94A.709; or(7) There has been a significant change in the law, whether substantive or procedural, which is material to the conviction, sentence, or other order entered in a criminal or civil proceeding instituted by the state or local government, and either the legislature has expressly provided that the change in the law is to be applied retroactively, or a court, in interpreting a change in the law that lacks express legislative intent regarding retroactive application, determines that sufficient reasons exist to require retroactive application of the changed legal standard.Amended by 2024 c 118,§ 8, eff. 3/15/2024.