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MABE v. WHITE

No. 18844-2-III.

15 P.3d 681 (2001)

Edward Dale MABE, Petitioner, v. The Honorable Richard B. WHITE, Spokane County Municipal Court Judge in his official capacity; and The Clerk of the Municipal Court, in her official capacity, Respondents.

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

January 9, 2001.

Attorney(s) appearing for the Case

Katherine S. Knox, City of Spokane Public Defender's Office, Spokane, for Petitioner.

Gerald A. Caniglia, Jr., Assistant City Attorney, Salvatore J. Faggiano, Office of City Attorney, Spokane, for Respondents.

KURTZ, C.J.

Spokane County Superior Court Local Writ Practice Rule (LWP) 1.1(c) limits the availability of the statutory writ procedure for cases pending in courts of limited jurisdiction to petitions filed by a defendant who is in custody. Applying LWP 1.1(c), the Spokane County Superior Court denied Mr. Mabe's application for a writ of review because he was not in custody. We must decide whether LWP 1.1(c) is consistent with

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