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IN RE FAIRCLOTH

No. 42318-9-II.

311 P.3d 47 (2013)

177 Wn. App. 161

Personal Restraint Petition of Marvin Sides FAIRCLOTH, Petitioner.

Court of Appeals of Washington, Division 2.

October 8, 2013.

Attorney(s) appearing for the Case

Lise Ellner , Attorney at Law, Vashon, WA, for Petitioner.

Timothy J. Higgs , Mason Co. Pros. Atty. Office, Shelton, WA, for Respondent.

WORSWICK, C.J.

¶ 1 Marvin Sides Faircloth killed his father, Frank Faircloth, and was convicted of first degree murder in 1996.1 We affirmed his conviction in 1998 and dismissed his first personal restraint petition (PRP) in 2005. Marvin then filed this PRP, alleging that his recently recovered memories are newly discovered evidence entitling him to a new trial. Because Marvin's recovered memories would not probably change the result...

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