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IN RE BAILEY

No. 68188-1.

1 P.3d 1120 (2000)

141 Wash.2d 20

In re Personal Restraint of Ernest BAILEY, Petitioner.

Supreme Court of Washington, En Banc.

Decided June 8, 2000.

Attorney(s) appearing for the Case

David Zuckerman, Seattle, for Petitioner.

Christine O. Gregoire, Attorney General, and John J. Samson, Asst., Olympia, for Respondent.

Suzanne Elliott, Seattle, Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.

Jim Krider, Snohomish County Prosecutor, and Seth Aaron Fine, Deputy, Everett, and Pamela Loginsky, Olympia, Amicus Curiae on behalf of Washington Assoc. of Prosecuting Attorneys.

BRIDGE, J.

We are called upon to determine whether prior filing of a postconviction motion for collateral relief with the trial court subjects a first, nonfrivolous personal restraint petition (PRP) to summary dismissal under RCW 10.73.140. We hold that summary dismissal is appropriate under RCW 10.73.140 only where petitioner has previously filed a PRP or where the PRP is entirely based on frivolous grounds. We therefore vacate the summary dismissal and remand...

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