What is the standard of review for post-conviction relief?

The standard of review for post-conviction relief in Washington is based on the preponderance of the evidence. This means that the petitioner must establish that their rights were violated at the time of their trial and that their conviction was due to that violation. The petitioner must demonstrate that their new evidence is sufficient to revise their conviction, and that the revision is in the interest of justice. This is also known as the "favorable outcome" standard. The Washington courts have set forth several rules that apply to post-conviction relief of criminal convictions. For example, the petitioner must demonstrate that their new evidence is relevant, reliable, and material to the issue of their conviction. The petitioner must also prove by a preponderance of the evidence that the new evidence was not available at the time of their original trial. Additionally, the petitioner must show that the new evidence is credible, and that the alleged constitutional violation actually occurred. In order to satisfy the preponderance of the evidence standard, the petitioner must prove that their new evidence is probably true and that it is more likely than not that their conviction would have been modified had it been available during their original trial. This is a very high standard that must be met for the petitioner to be granted post-conviction relief. If the petitioner fails to meet this standard, their petition for post-conviction relief will be denied.

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