Legal Opinion

State v. McLean

Washington Supreme Court

Decided December 4, 2003No. Nos. 73565-4; 73775-4PublishedCited by 2 opinions

1Opinion of the CourtFairhurst, J.

Washington Court Rules mandate that a collateral attack on a judgment and sentence (judgment) in a criminal case must be made within one year after the judgment becomes final. Both Monti Carlstad and Brian McLean were in prison and acting pro se when they filed separate collateral attacks on their judgments. Carlstad filed a personal restraint petition (PRP), and McLean filed a motion to withdraw his guilty plea. Each deposited the necessary pleadings with prison officials prior to the expiration date for their collateral attacks. In both cases, *586however, the pleadings were not received by the…

2Cases cited11 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. State v. DuvallCourt of Appeals of Washington · 1997
  3. State v. RobinsonCourt of Appeals of Washington · 2001
  4. State v. LittlefairCourt of Appeals of Washington · 2002
  5. State v. HurtCourt of Appeals of Washington · 2001

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3Cited by2 opinions

  1. In Re CarlstadWashington Supreme Court · 2003
  2. Todd Pacific Shipyards, Inc. v. Westport InsuranceCourt of Appeals for the Ninth Circuit · 2004

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