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How do I find the correct form to request a hearing from King County Superior Court for someone incarcerated in WADOC?

Seattle, WA |

In February, we filed what we thought was a motion to withdraw plea and also a motion to correct offender score. In mid February the following code showed up under the case number on the clerks website: affidavit/dclr/cert of service. We assumed that is was a receipt that the court had indeed received the documents and would begin to process the request/forms. Per the court, the documents that were filed were merely informational—meaning the court filed them and that’s it. The documents will not be reviewed further. Apparently, we needed to file a form to set a hearing with the court. By any chance, do you know what form that is? The clerks office was not very helpful.

Attorney Answers 1

Posted

Dear ?,

You do not say how long it has been since conviction and sentencing. Based on the other facts you have presented, it seems likely the time to file a motion to withdraw plea has expired long ago but you didn't know that.
You likely will need to file a motion for postconviction relief which has a one year time limit. But you cannot do that if you still have a right to appeal. The time to file a Notice of Appeal runs from the date of sentencing and is 30 days long. So, if the 30 days is up and you have not filed a notice of appeal, you will be limited to review by postconviction motion.
I cannot recommend too strongly consulting with experienced Washington postconviction counsel about this case. You can find such counsel right here on Avvo by following the "Find A Lawyer" link at the top of this page.

Yours sincerely,
Tim Provis
Appellate Counsel
Cal. Bar No. 104800
Wis. Bar No. 1020123
Member: U.S. Supreme Court Bar

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4 comments

Asker

Posted

Thank you for your help! Yes, it seems as though we have missed the time alloted to file an appeal. Sentencing was 9/2011.

Timothy A. Provis

Timothy A. Provis

Posted

Yes. However, you may be able to file either a personal restraint petition or a habeas corpus petition. You must see counsel about this matter.

Asker

Posted

Ok! Many thanks!

Timothy A. Provis

Timothy A. Provis

Posted

You're Welcome!