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SMITH v. MILLER

No. 56563-3-II.

524 P.3d 1054 (2023)

John Garrett SMITH, Appellant, v. J.C. MILLER, Respondent.

Court of Appeals of Washington, Division 2.

Reconsideration Denied February 22, 2023.

Attorney(s) appearing for the Case

Pllc Koch & Grannis, Attorney at Law, The Denny Building, 2200 Sixth Avenue, Suite 1250, Seattle, WA, 98121, Kevin Andrew March , Nielsen Koch & Grannis PLLC, 2200 6th Ave., Ste. 1250, Seattle, WA, 98121-1820, for Appellant.

Holger Kurt Sonntag , Attorney at Law, 1125 Washington St. Se, Olympia, WA, 98501-2283, Department of Corrections A.g. Office, Attorney at Law, P.O. Box 40116, Olympia, WA, 98504-0116, for Respondent.

PANEL: Jj. Glasgow, Che, Birk

John Garrett Smith appeals the superior court's dismissal of his habeas corpus petition. Because Smith's habeas corpus petition is a collateral attack, the superior court must follow the procedures set forth in CrR 7.8. Because, in this setting, the superior court should not have reached the merits of Smith...

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