IN RE QUINN

No. 60180-6-I.

226 P.3d 208 (2010)

In the Matter of the Personal Restraint of: Christopher QUINN, Petitioner.

Court of Appeals of Washington, Division 1.

March 8, 2010.


Attorney(s) appearing for the Case

Elaine L. Winters, Washington Appellate Project, Seattle, WA, for Petitioner.

Ann Marie Summers, King County Prosecutor's Office, Seattle, WA, for Respondent.


DWYER, J.

¶ 1 Today we decide which party in a collateral attack proceeding—the petitioner or the State—bears the burden of establishing the timeliness of a petition for relief. A personal restraint petitioner who collaterally attacks a criminal judgment and sentence bears the overall burden of demonstrating an entitlement to relief. In the absence of an applicable exception, obtaining relief in a collateral...

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