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APOLO-ALBINO v. STATE

No. 83552-1-I.

533 P.3d 435 (2023)

Ezequiel APOLO-ALBINO, Respondent, v. STATE of Washington, Petitioner.

Court of Appeals of Washington, Division 1.

Filed July 31, 2023.

Attorney(s) appearing for the Case

Jaime Virginia Taft , Attorney General's Office, 800 Fifth Ave. Ste. 2000, Seattle, WA, 98104-3188, Marko David Hananel , Washington State Office of the Attorney, 800 5th Ave. Ste. 2000 Seattle, WA, 98104-3188, for Petitioner.

David B Owens , Attorney at Law, 100 S King St. Ste. 100, Seattle, WA, 98104-2885, Harry Iv Williams , Law Office of Harry Williams LLC, P.O. Box 22438, Seattle, WA, 98122-0438, for Respondent.

PUBLISHED OPINION

¶1 This appeal asks what showing a claimant must make to overcome a motion to dismiss under section .040 of the wrongly convicted persons act (Act), chapter 4.100 RCW, where the parties dispute whether the claimant's former conviction was vacated "on the basis of significant new exculpatory information....

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