In Re Personal Restraint of Lavery

How courts have described this case

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

• holding that “the elements of the out of state crime must be compared to the elements of a Washington criminal statute in effect when the foreign crime was committed”
• holding change in law determining strike offenses was significant change in the law without discussing retroactivity
• holding change in law determining strike offenses was significant change in the law without discussing retroactivity
• holding Washington robbery statute to be narrower than federal statute because former required specific intent to steal while latter did not
• whether a defendant has a prior conviction need not be presented to a jury and proven beyond a reasonable doubt
• “We have repeatedly held that the right to jury determinations does not extend to the fact of prior convictions for sentencing purposes.”

Source: CourtListener parenthetical corpus (CC0).