Richard N. Curtis v. Kenneth O. Eikenberry

Following a criminal conviction, petitioner Richard N. Curtis was adjudged to be an habitual criminal pursuant to section 9.92.-090 of the Washington Code. On appeal, the Washington Court of Appeals vacated the habitual criminal judgment, ruling that the existence and validity of three of the four prior convictions that the state alleged as the basis of the habitual criminal judgment had not been proved beyond a reasonable doubt as required by Washington law. See State v. Hennings, 100 Wash.2d 379 , 670 P.2d 256, 257-58 (1983) (en banc) (in an habitual offender proceeding, “the [s]tate has the burden of proving beyond a reasonable doubt.... the existence of two prior valid felony convictions along with the present conviction.... [and if] any of the convictions were based on guilty pleas and the defendant challenges the validity of the plea, the [s]tate must also prove beyond a reasonable doubt that the challenged plea was knowingly made after the defendant was informed of the nature of the offense and the consequences of pleading guilty”).

Although the prior convictions were not used to impose a life sentence on Curtis under the habitual criminal statute, the Indeterminate…