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KOEHN v. PINNOCK

Nos. 41896, 41913.

80 Wn.2d 338 (1972)

494 P.2d 987

In the Matter of the Application for a Writ of Habeas Corpus of EDWARD J. KOEHN, Petitioner, v. THOMAS G. PINNOCK, Respondent. In the Matter of the Application for a Writ of Habeas Corpus of FRANK MATA, Appellant, v. B.J. RHAY, as Superintendent of the State Penitentiary, Respondent.

The Supreme Court of Washington, En Banc.

March 9, 1972.

Attorney(s) appearing for the Case

Edward J. Koehn, pro se.

Reese & Mitchell, by Ronald K. McAdams, for appellant (appointed counsel for appeal).

Slade Gorton, Attorney General, and David W. Schiffrin, Assistant, for respondent Pinnock.

Slade Gorton, Attorney General, and William L. Britton, Assistant, for respondent Rhay.

WRIGHT, J.

Despite some differences in the proceedings heretofore, these cases present the identical problem. The question is whether a defendant in a criminal case, after waiver of his right to appeal given with the advice of counsel can raise by habeas corpus the matters he could have raised on appeal.

Frank Mata was convicted by a jury in Yakima County of second-degree assault. Judgment and sentence were entered...

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