Petitioner urges resentencing, saying brain-development research undermines 1989 aggravators

Nancy Collins, counsel for petitioner Charles Frasier, told the Washington Supreme Court on May 28, 2024, that brain-imaging studies unavailable in 1989 now show adolescents’ executive functioning remains under development and that this scientific change undercuts the trial court’s finding that Frasier’s age was an aggravating factor supporting an exceptional sentence. "This brain imaging test didn't exist in 1989," Collins said during argument in Tumwater.

Collins asked the court to treat the modern science as "newly discovered evidence" that can apply to sentencing and to rule that Frasier is entitled to a new sentencing hearing. She noted the petitioner filed a personal restraint petition in 2018 and argued the diligence clock should be measured from when the scientific understanding reached general acceptance, citing Odell and related authority as temporal markers the court should consider.

The state, represented by Randall Sutton, disputed the framing. Sutton urged the court to view the matter as a legal and policy evolution rather than newly discovered factual evidence specific to Frasier’s case. "The sentence in this case was…