Bigger v. Commissioner

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a guilty plea does not waive challenge to the power of the court \to enter the conviction or impose the sentence\ where basis for challenge is clear \on the face of the record\ (citing Broce , 488 U.S. at 569 , 109 S.Ct. 757 )
• doctrine of invited error prohibits party from setting up error below and then complaining of it on appeal
• invited error doctrine requires some affirmative, knowing, and voluntary action by the defendant to set up the error
• “Thompson is therefore entitled to relief from his sentence because he pleaded guilty to an offense which occurred before the effective date of the statute creating the offense.”
• judgment and sentence invalid on its face where charging statute, defining “first degree rape of child,” was not yet in effect at the time petitioner committed the offense charged
• “Instead of determining whether Thompson’s petition fits under the RCW 10.73.100(2) exception to the one-year limit, we [ ] discuss whether pursuant to RCW 10.73.090 the judgment and sentence was valid on its face.”

Source: CourtListener parenthetical corpus (CC0).