Legal Opinion

In re the Personal Restraint of Vazquez

Court of Appeals of Washington

Decided September 4, 2001No. 43703-8-IPublishedCited by 5 opinions

1Opinion of the CourtAppelwick, J.

In this personal restraint petition (PRP), Miguel Vazquez, Jr., petitions this court for relief from judgment. The primary issue is whether the PRP is barred by RCW 10.73.140, which prevents this court from considering, without good cause, a PRP from a petitioner who has “previously filed” a PRP. Vazquez previously filed a motion to vacate the judgment in the trial court. Pursuant to CrR 7.8, the trial court transferred the motion to this court, where it was relabeled and decided as a PRP. We hold that the motion transferred under CrR 7.8 is a “previously filed” PRP for purposes of RCW…

2Cases cited8 opinions

  1. In Re the Personal Restraint of CookWashington Supreme Court · 1990
  2. In Re the Personal Restraint of HaglerWashington Supreme Court · 1982
  3. In Re the Personal Restraint of HavertyWashington Supreme Court · 1984
  4. In Re Detention of AsWashington Supreme Court · 1999
  5. State v. A.S.Washington Supreme Court · 1999

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. SmithCourt of Appeals of Washington · 2008
  2. State v. SmithCourt of Appeals of Washington · 2008
  3. Castro-Lino v. HaynesDistrict Court, W.D. Washington · 2020
  4. Faustino-Anaya v. AndrewjeskiDistrict Court, E.D. Washington · 2024
  5. State of Washington v. David Wayne HallsCourt of Appeals of Washington · 2014

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