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MATTER OF PERSONAL RESTRAINT OF RUNYAN

Nos. 58672-1, 58777-9, 59175-0.

121 Wn.2d 432 (1993)

853 P.2d 424

In the Matter of the Personal Restraint of DEBBIE RUNYAN, Petitioner. In the Matter of the Personal Restraint of BRIAN KELLY, Petitioner. In the Matter of the Personal Restraint of STEPHEN ELLIOT GRAHAM, Petitioner.

The Supreme Court of Washington, En Banc.

May 20, 1993.

Attorney(s) appearing for the Case

Carney, Badley, Smith & Spellman, by James E. Lobsenz and Barbara J. Van Ess, for petitioner Runyan.

Michael Nance and Nance, Iaria & Gombiner, for petitioner Kelly.

Scales & Associates, P.S., by Sean A. Ayres, for petitioner Graham.

Christine O. Gregoire, Attorney General, and John M. Jones, Assistant; C. Danny Clem, Prosecuting Attorney for Kitsap County, and Pamela B. Loginsky, Deputy; Seth R. Dawson, Prosecuting Attorney for Snohomish County, and Seth Aaron Fine, Deputy; Jeffrey Sullivan, Prosecuting Attorney for Yakima County, and Bruce Hanify, Deputy, for respondent.

John Midgley on behalf of Evergreen Legal Services and Institutional Legal Services Project; Allen R. Bentley on behalf of American Civil Liberties Union of Washington; Scott J. Engelhard on behalf of Washington Association of Criminal Defense Lawyers; Robert C. Boruchowitz on behalf of Washington Defender Association, amici curiae for petitioners.

DURHAM, J.

These three factually unrelated personal restraint petitions (PRPs) challenge the constitutionality of RCW 10.73.090 et seq. (the statute) which, with certain exceptions, require postconviction petitions for collateral relief to be filed within 1 year after the conviction becomes final. The petitioners argue that this time limit acts to suspend the writ of habeas corpus in violation of article 1, section 13 of our constitution. They also argue that...

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