Brian K. Maloney v. State Of Washington

¶1 Brian Keith Maloney appeals the superior court’s denial of his motion seeking costs under RCW 4.84.010 after his petition for restoration of firearm rights was granted. We hold that Maloney is not entitled to costs because RCW 4.84.010 applies only to civil proceedings and Maloney’s petition for restoration of firearm rights arose from a criminal statute and was an extension of his criminal proceeding. We also hold that Maloney is not the prevailing party on appeal, so he is not entitled to costs on appeal. Accordingly, we affirm.

FACTS

¶2 In 1980 and 1983, Maloney was convicted of second…