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STATE v. HURT

No. 19263-6-III.

27 P.3d 1276 (2001)

STATE of Washington, Respondent, v. Sidney A. HURT aka Bruce A. Pivarnrk, Appellant.

Court of Appeals of Washington, Division 3, Panel One.

August 7, 2001.

Attorney(s) appearing for the Case

Hugh M. Spall, Jr., Ellensburg, for Appellant.

Laura Candace Hooper, Deputy Prosecuting Attorney, for Respondent.

SWEENEY, J.

Under the federal "mailbox rule" pleadings are deemed "filed" when they are properly deposited in a prison mailing system. Houston v. Lack, 487 U.S. 266, 271, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). The first question raised in Sidney Hurt's collateral attack on his guilty plea is whether Washington should adopt the federal "mailbox rule" for pro se, incarcerated petitioners...

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