In re the Personal Restraint of Faircloth

¶1 Marvin Sides Faircloth killed his father, Frank Faircloth, and was convicted of first degree murder in 1996.1 We affirmed his conviction in 1998 and dismissed his first personal restraint petition (PRP) in 2005. Marvin then filed this PRP, alleging that his recently-recovered memories are newly discovered evidence entitling him to a new trial. Because Marvin’s recovered memories would not probably change the result of his trial, they are not newly discovered evidence. We deny Marvin’s petition because it is time barred.

FACTS

¶2 Marvin lived with Frank, his adopted father, and two other…