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IN RE CARLSTAD

Nos. 73565-4, 73775-4.

80 P.3d 587 (2003)

150 Wash.2d 583

In the Matter of the Personal Restraint of Monti CARLSTAD, Petitioner. State of Washington, Respondent, v. Brian McLean, Appellant.

Supreme Court of Washington, En Banc.

Decided December 4, 2003.

Attorney(s) appearing for the Case

Washington Appellate Project, Thomas Kummerow, Maureen Cyr, Seattle, for Petitioner.

Norm Maleng, King County Prosecutor, Daniel Clark, Deputy County Prosecutor. David McEachran, Whatcom County Prosecutor, MacDuffie Setter, Laura Hayes, Kimberly A. Thulin, Deputy County Prosecutors, for Respondent.

Mark Wilner, Seattle, for Amicus Curiae (Aclu of Washington).

David Zuckerman, Seattle, for Amicus Curiae (Aclu of Washington).

FAIRHURST, J.

Washington Court Rules mandate that a collateral attack on a judgment and sentence (judgment) in a criminal case must be made within one year after the judgment becomes final. Both Monti Carlstad and Brian McLean were in prison and acting pro se when they filed separate collateral attacks on their judgments. Carlstad filed a personal restraint petition (PRP), and McLean filed a motion to withdraw his guilty plea. Each deposited the necessary pleadings...

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