IN RE WEBER

No. 85992-2.

284 P.3d 734 (2012)

175 Wn.2d 247

In the Matter of the Personal Restraint of Charles Walter WEBER, Petitioner.

Supreme Court of Washington, En Banc.

Decided September 6, 2012.


Attorney(s) appearing for the Case

Michael Charles Kahrs , Kahrs Law Firm PS, Seattle, WA, for Petitioner.

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

Todd Maybrown , Allen Hansen & Maybrown PS, Seattle, WA, amicus counsel for WACDL.


C. JOHNSON, J.

¶ 1 This case involves a time-barred personal restraint petition (PRP) and requires the court to determine whether the petitioner has made a prima facie showing of a gateway actual innocence claim. If the petitioner presents sufficient evidence to support such a claim, the time limit on the PRP would be equitably tolled to permit consideration of the merits of the constitutional claim. This case also requires the court to adopt a standard for reviewing...

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