In re the Personal Restraint of Carlstad

Monti Carlstad, who is incarcerated at a state prison near Spokane, handed his personal restraint petition to prison officials for mailing five days before the expiration of the one-year deadline. However, the petition was not filed at this court until one day after the deadline. Carlstad argues that his petition was timely filed according to the federal mailbox rule, which deems pro se incarcerated defendants’ pleadings as “filed” when they are properly deposited into the prison mailing system. See Houston v. Lack, 487 U.S. 266, 271, 108 S. Ct. 2379, 101 L. Ed. 2d 245 (1988). We hold that…