In re Pers. Restraint Petition of Meippen

Time Rikat Meippen was a juvenile when he was convicted in adult court of first degree assault, first degree robbery, and second degree unlawful possession of a firearm. The trial court sentenced Meippen to the top of the standard sentencing range and imposed a firearm sentence enhancement. Several years after Meippen's sentencing, the Washington Supreme Court decided Washinton v. Houston-Sconiers, 391 P.3d 409 (2017). Meippen subsequently filed an untimely personal restraint petition (PRP), arguing that Houston-Sconiers constituted a significant and material change in the law that should apply retroactively. Even assuming Meippen could show that Houston-Sconiers was a significant, material change in the law that applied retroactively, the Supreme Court held he was not entitled to collateral relief because he did not demonstrate that any error actually and substantially prejudiced him: the trial court had the discretion to impose a lesser sentence under the Sentencing Reform Act, at the time, and instead sentenced Meippen at the top of the sentencing range. View "In re Pers. Restraint Petition of Meippen" on Justia Law