In re the Personal Restraint of Johnson

(dissenting) — I agree with the majority that RCW 10.73.140 and RAP 16.4(d) conflict as to whether a second or successive personal restraint petition is reviewable by the Court of Appeals when it raises an issue which has been raised in a prior personal restraint petition. I further agree that the statute prevails because the Legislature has authority to determine the jurisdiction of the Court of Appeals, and agree that the statute does not apply to restrict this court’s jurisdiction in habeas matters.

However, some of the majority’s analysis is troublesome. Under RCW 10.73.140 the Court of…