Application for a Writ of Habeas Corpus of Little v. Rhay

(dissenting) — I dissent. In my judgment, the majority opinion nullifies RCW 7.36.120; further, it prohibits the use of affidavits in reaching decisions on writs of habeas corpus contrary to Somday v. Rhay, 67 Wn.2d 180, 406 P.2d 931 (1965) and Little v. Rhay, 68 Wn.2d 353, 413 P.2d 15, cert. denied, 385 U. S. 96, 17 L. Ed. 2d 196, 87 S. Ct. 331 (1966). Further, the decision will require a full evidentiary hearing every time a petitioner makes a bare, uncorroborated allegation that he has been denied a constitutional right, even though the allegation is conclusively controverted by…