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IN RE DELMARTER

Nos. 50786-9-I, 50788-5-I, 49469-4-I, 49517-8-I, 49446-5-I.

101 P.3d 111 (2004)

124 Wash.App. 154

In the Matter of the Personal Restraint of Dennis J. DELMARTER, Petitioner. In the Matter of the Personal Restraint of Ardell J. Shaw, Petitioner. In the Matter of the Personal Restraint of Harold H. Bain, Jr., Petitioner.

Court of Appeals of Washington, Division 1.

Reconsideration Denied February 2, 2005.

Attorney(s) appearing for the Case

Dennis Delmarter, pro se.

Christopher Gibson, Nielson Broman & Koch, Seattle, WA, for Appellants in Nos. 50786-9-I and 49446-5-I.

Kathleen Webber, Snohomish Co. Pros. Atty., James Krider, Everett, WA, for Respondent in No 50786-9-I.

Kathleen Webber, Seth Fine, Snohomish Co. Pros. Attys., Everett, WA, for Respondent in No. 49446-5-I.

Sharon Jean Blackford, Cheryl D. Aza, Gregory Charles Link, for Appellant in No. 49469-4-I.

Mary Kathleen Webber, Snohomish Co. Pros. Atty., Everett, WA, for Respondent in No. 49469-4-I.

KENNEDY, J.

Dennis Delmarter, Ardell Shaw, and Harold Bain petition for release from personal restraint based on the on-the-job malfeasance of former Washington State Patrol Crime Laboratory forensic chemist Michael Hoover. They argue that their petitions must be granted under State v. Roche, 114 Wn.App. 424, 59 P.3d 682 (2002) and Brady v. Maryland, 373 U.S. 83

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