FILED AUGUST 7, 2025 In the Office of the Clerk of Court WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE
In the Matter of the Personal Restraint of ) ) No. 40334-3-III Takoda W.W. Picker, ) ) Petitioner. ) ) ) UNPUBLISHED OPINION )
COONEY, J. — Takoda Picker was charged with two counts of assault in the
second degree. He was later found not guilty by reason of insanity (NGRI) and
committed to the care and custody of the Secretary of the Department of Social and
Health Services (Department). More than seven years later, Mr. Picker filed a “Motion
for Relief from Judgment of Sentence” under CrR 7.8. The superior court transferred the
motion to this court as a personal restraint petition (PRP).
In his PRP, Mr. Picker claims (1) he received ineffective assistance from his trial
counsel; (2) his plea of NGRI was not made knowingly, voluntarily, and intelligently;
(3) he was denied protections for those with developmental disabilities; and (4) the No. 40334-3-III In re Pers. Restraint of Picker
probable cause affidavit was tainted and excluded key evidence. In response, the State
challenges the timeliness of Mr. Picker’s PRP.
We deem Mr. Picker’s PRP timely and deny the petition on the merits.
BACKGROUND
On August 17, 2016, the Asotin County Sheriff’s Office responded to a 911
call from Jesus Yzaguirre who alleged his brother, Takoda Picker, had assaulted him.
Sheriff’s Deputy Nathan Conley responded and interviewed Mr. Yzaguirre and
Mr. Picker’s sister, Tekiyah Kugler. Deputy Conley initially misidentified Ms. Kugler as
Mr. Picker’s other sister, Tasheena Picker. The misidentification was memorialized in
Deputy Conley’s probable cause affidavit, dated August 18, 2016. Deputy Conley
promptly recognized his error and filed a “Supplemental Narrative” the next day. In it,
Deputy Conley wrote:
Previously listed as the female witness, identified as Picker, Tasheena . . . is an incorrect identification. I later determined the correct identification of the present female witness to the incident, identified as Kugler, Tekiyah…. For the purposes of the original Probable Cause Narrative, all mentions of Picker, Tasheena are incorrect.
Second Response to PRP at 23. 1
1 The State provided the “Supplemental Investigation Narrative” as an attachment to its response brief.
2 No. 40334-3-III In re Pers. Restraint of Picker
In the probable cause affidavit, Deputy Conley states that Mr. Yzaguirre told him
Mr. Picker had “aggressed at him” in an “aggressive and confrontational demeanor and
posture” while armed with a baseball bat in one hand and a knife in the other. Clerk’s
Papers (CP) at 4. Mr. Yzaguirre further reported that Mr. Picker raised the bat toward
him and placed the knife within two inches of his face.
Mr. Picker was charged with two counts of assault in the second degree on
August 18, 2016. Two weeks later, the court ordered the Department to evaluate
Mr. Picker’s competency. Straightaway, Michael Morrison, PhD., in conjunction
with developmental disabilities professional, Randall Strandquist, PsyD., evaluated
Mr. Picker. In a report dated September 16, 2016, Dr. Morrison and Dr. Strandquist
concluded that Mr. Picker lacked the capacity to understand the proceedings against him
and to assist in his own defense. They noted there was “very strong support for the
conclusion that [Mr. Picker] is not developmentally disabled” and “did not find any basis
for concluding that
[Mr. Picker] has a developmental disorder.” CP at 47. In reliance on this evaluation,
the court issued a 90-day stay of proceedings and ordered the Department to provide
Mr. Picker with competency restoration treatment.
Dr. Morrison later re-evaluated Mr. Picker. In a report dated December 12, 2016,
Dr. Morrison opined that Mr. Picker lacked the capacity to understand the proceedings
against him and to assist in his own defense. Based on Dr. Morrison’s evaluation, the
3 No. 40334-3-III In re Pers. Restraint of Picker
court issued a second 90-day stay of proceedings and ordered the Department to provide
Dr. Morrison conducted a third evaluation of Mr. Picker in February 2017. In a
report dated March 1, 2017, Dr. Morrison concluded that Mr. Picker “is currently
adequately stabilized by treatment with psychiatric medications and . . . is functioning
well enough to return to court to resolve the pending criminal case.” CP at 70. Based on
Dr. Morrison’s evaluation, and by agreement of the parties, the court found Mr. Picker
competent to proceed to trial. Concurrent to the finding of competency, the court ordered
the Department to evaluate Mr. Picker’s mental state and sanity.
On May 18, 2017, Mr. Picker filed a motion for acquittal by reason of insanity.
Relying on the evaluations of Richard Gallaher, PhD., and Christina Zampich, PsyD., the
court found Mr. Picker was competent to proceed with a plea of NGRI, was legally
insane at the time of the offenses, and acquitted him of both counts. The court committed
Mr. Picker “to the care and custody of the Secretary of the Department of Social and
Health Services for treatment at a state mental hospital for the criminally insane.” CP at
33.
On February 5, 2024, Mr. Picker filed a “Motion for Relief from Judgment of
Sentence,” accompanied by the “Declaration of Tasheena Picker in Support of
Defendant’s CrR 7.8 Motion to Vacate Judgment and Sentence.” In her declaration,
Ms. Picker states she “did not learn what the police reports about my brother’s arrest said
4 No. 40334-3-III In re Pers. Restraint of Picker
until recently” and “was shocked to learn that the police report contains inaccurate
information and appears to have manufactured quotes that I never said.” Dec. of Picker
at 1-2. Ms. Picker claims she “witnessed what happened after the police were called and
just before they arrived, but [she] did not witness any of the events contained in the
police report.” Dec. of Picker at 2. Ms. Picker asserts the deputies “wrote a report that
seemed to suit their needs by lying about [her] statements.” Id.
Ultimately, the trial court determined Mr. Picker’s motion was time barred under
RCW 10.73.090, that Mr. Picker had not made a substantial showing that he was entitled
to relief, and resolution of the motion would not require a factual hearing. The court
transferred Mr. Picker’s motion to this court as a PRP.
ANALYSIS
A PRP is an extraordinary form of relief that requires the petitioner to “meet a
high standard before this court will disturb an otherwise settled judgment.” In re Pers.
Restraint of Coats, 173 Wn.2d 123, 132, 267 P.3d 324 (2011). The petitioner in a PRP
bears the burden of demonstrating error and, if the error is constitutional, that the
petitioner is “actually and substantially prejudiced.” Id. If not constitutional, the
petitioner must show the error represents a “fundamental defect . . . that inherently
resulted in a complete miscarriage of justice.” In re Pers. Restraint of Finstad, 177
Wn.2d 501, 506, 301 P.3d 450 (2013). These heightened standards of review apply to all
issues for which a petitioner had a previous opportunity for judicial review and are rooted
5 No. 40334-3-III In re Pers. Restraint of Picker
in the court’s interest in economy, finality, and integrity of the trial process, and the
petitioner’s prior access to judicial review. Coats, 173 Wn.2d at 132; In re Pers.
Restraint of Meippen, 193 Wn.2d 310, 315, 440 P.3d 978 (2019).
TIMELINESS
The State argues Mr. Picker’s PRP is untimely, and therefore time-barred, because
it was filed more than one year after the judgment of acquittal became final. We
conclude the PRP is timely due to the trial court’s failure to advise Mr. Picker of his right
to collateral attack.
A collateral attack is a means of providing “postconviction relief other than a
direct appeal.” RCW 10.73.090(2). A PRP is a form of collateral attack. Id. With
limited exceptions, “[n]o petition or motion for collateral attack on a judgment and
sentence in a criminal case may be filed more than one year after the judgment becomes
final if the judgment and sentence is valid on its face.” RCW 10.73.090(1). A judgment
becomes final on the date it is filed with the trial court. RCW 10.73.090(3)(a). Courts do
not have discretion to waive or alter the limitation period in RCW 10.73.090, and the
petitioner carries the burden to prove the applicability of an exception to the statute of
limitations. Shumway v. Payne, 136 Wn.2d 383, 400, 964 P.2d 349 (1998).
A judgment of NGRI is subject to the time limits of RCW 10.73.090. State v.
Schwab, 141 Wn. App. 85, 89-90, 167 P.3d 1225 (2007). When the court pronounces a
sentence, it is obligated to advise the defendant of the time limitations of RCW 10.73.090
6 No. 40334-3-III In re Pers. Restraint of Picker
and 10.73.100. RCW 10.73.110. If a court finds a defendant NGRI, it shall advise the
defendant “of the time limits on the right to collateral attack imposed by RCW 10.73.090
and .100.” CrR 6.16(d)(1)(ii). CrR 6.16(d)(2) requires the court advise a defendant
found NGRI of the following:
You are further advised that if you wish to petition or move for collateral attack on any order of hospitalization or order mandating alternative treatment less restrictive than detention in a state hospital, including but not limited to any personal restraint petition, state habeas corpus petition, motion to vacate judgment, motion to withdraw guilty plea, motion for new trial or motion to arrest judgment, you must do so within one year of the final judgment in this matter, except as provided for in RCW 10.73.100.
When a statute requires a court to notify a defendant of a time bar and the notice is not
given, the omission creates an exemption to the time bar. In re Pers. Restraint of Vega,
118 Wn.2d 449, 450-51, 823 P.2d 1111 (1992).
Here, the record lacks any indication that the trial court advised Mr. Picker of his
right to collateral attack. This omission creates an exemption to the one-year time bar of
RCW 10.73.090. Consequently, we deem Mr. Picker’s PRP timely and proceed to the
merits.
INEFFECTIVE ASSISTANCE OF COUNSEL
Mr. Picker claims he received ineffective assistance from his trial counsel because
(1) his attorney was later disbarred; (2) he had a total of only 30 minutes of
communication with his attorney; and (3) his attorney failed to investigate the State’s
case. We disagree with each contention.
7 No. 40334-3-III In re Pers. Restraint of Picker
Criminal defendants have a constitutionally guaranteed right to effective
assistance of counsel. U.S. CONST. amend. VI; WASH. CONST. art. I, § 22; State v. Lopez,
190 Wn.2d 104, 115, 410 P.3d 1117 (2018). A claim of ineffective assistance of counsel
is an issue of constitutional magnitude that may be considered for the first time on appeal.
State v. Nichols, 161 Wn.2d 1, 9, 162 P.3d 1122 (2007).
To succeed on a claim of ineffective assistance of counsel, the defendant bears the
burden of showing (1) that his counsel’s performance fell below an objective standard of
reasonableness based on consideration of all the circumstances and, if so, (2) there is a
reasonable probability that but for counsel’s poor performance the outcome of the
proceedings would have been different. State v. McFarland, 127 Wn.2d 322, 334-35,
899 P.2d 1251 (1995). If either element is not satisfied, the inquiry ends. State v. Kyllo,
166 Wn.2d 856, 862, 215 P.3d 177 (2009).
In reviewing the record for deficiencies, there is a strong presumption that
counsel’s performance was reasonable. McFarland, 127 Wn.2d at 335. The burden is on
a defendant alleging ineffective assistance of counsel to show deficient representation.
Id. The reasonableness of counsel’s performance is to be evaluated from counsel’s
perspective at the time of the alleged error and in light of all the circumstances.
Kimmelman v. Morrison, 477 U.S. 365, 384, 106 S. Ct. 2574, 91 L. Ed. 2d 305 (1986).
When counsel’s conduct can be characterized as legitimate trial strategy or tactics,
performance is not deficient. Kyllo, 166 Wn.2d at 863. A sufficient basis to rebut
8 No. 40334-3-III In re Pers. Restraint of Picker
legitimate trial strategy exists when the defendant demonstrates there is “no conceivable
legitimate tactic explaining counsel’s performance.” State v. Reichenbach, 153 Wn.2d
126, 130, 101 P.3d 80 (2004).
A defendant must affirmatively prove prejudice, not simply show that “the errors
had some conceivable effect on the outcome.” Strickland v. Washington, 466 U.S. 668,
693, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). A defendant demonstrates prejudice by
demonstrating that the proceedings would have been different but for counsel’s deficient
representation. McFarland, 127 Wn.2d at 337.
As an initial matter, Mr. Picker citing State v. McNeair, 88 Wn. App. 331, 340,
944 P.2d 1099 (1997), in reply to the State’s response, argues the State failed to directly
address his arguments related to ineffective assistance of counsel and has therefore
conceded his claimed errors. We disagree with his interpretation of McNeair. In
McNeair, it was the appellant who failed to present an argument or authority for his
claimed error. Id. There, we deemed the appellant’s “failure to make such an argument
as a concession that such an argument has no merit.” Id. The State, as the respondent,
has not conceded Mr. Picker’s claimed errors by failing to directly address his arguments.
Mr. Picker asserts he received ineffective assistance of counsel because his
attorney was later disbarred. Mr. Picker’s case was adjudicated on May 18, 2017. His
attorney was disbarred in 2019 for a single act that occurred in July 2018 involving a
9 No. 40334-3-III In re Pers. Restraint of Picker
different client. 2 Mr. Picker does not establish how his attorney’s subsequent disbarment
actually and substantially prejudiced him. Mr. Picker’s bare allegation is insufficient to
overcome the strong presumption that his attorney’s performance was reasonable.
Mr. Picker next claims he received ineffective assistance from his attorney
because he accumulated merely 30 minutes of communication with him. The basis for
Mr. Picker’s alleged minimal contact with his attorney appears to be grounded in a
statement he made to Dr. Morrison during the February 2017 competency evaluation.
Mr. Picker has not filed a declaration regarding the adequacy of representation, nor
the amount of time spent in consultation with his attorney. Dr. Morrison’s notation that
Mr. Picker claimed a total of 30 minutes with his attorney was made approximately 3
months before the case was adjudicated and while Mr. Picker was deemed not competent
to stand trial. A petitioner’s allegations of unlawful restraint must have evidentiary
support, and we may decline review without proper evidentiary support. In re Pers.
Restraint of Rice, 118 Wn.2d 876, 886, 828 P.2d 1086 (1992).
Mr. Picker has failed to present sufficient evidence to support his contention that
he amassed only 30 minutes of communication with his attorney. Further, even if we
2 Findings of Fact, Conclusions of L. & Hr’g Officer’s Recommendation, In re Laws, Proceeding No. 19#00021 (WSBA Disciplinary Bd. July 18, 2019), https://www.mywsba.org/WebFiles/CusDocs/000000036654-0/013.pdf.
10 No. 40334-3-III In re Pers. Restraint of Picker
were to find Mr. Picker was given deficient representation, Mr. Picker fails to present any
evidence of prejudice.
Lastly, Mr. Picker argues he received ineffective assistance from his attorney
because his attorney failed to adequately investigate the State’s case. Mr. Picker
submitted the declaration of Ms. Picker to support his argument. In the declaration,
Ms. Picker states she “did not witness the incident police described between my brothers,
Jesus (“Jessie”) and Takoda,” and that the “police report contains inaccurate information
and appears to have manufactured quotes that I never said.” Dec. of Picker at 2.
As an initial matter, Mr. Picker has failed to designate any police reports for our
review. Presumably, Ms. Picker is referring to Deputy Conley’s probable cause affidavit
that misidentified Ms. Kugler as Ms. Picker. However, Deputy Conley submitted a
supplemental affidavit the following day, replacing Ms. Picker’s identity with Ms.
Kugler’s, who witnessed the events and provided information to the deputies. The
probable cause affidavits do not attribute any quotes or witness statements to Ms. Picker.
Turning to the merits, Ms. Picker alleges Mr. Picker’s attorney failed to contact
her and develop her as a witness. However, since Mr. Picker’s attorney was provided
Deputy Conley’s supplement affidavit, listing Ms. Kugler as the correct witness, it was
reasonable for Mr. Picker’s attorney to not contact Ms. Picker who, admittedly, did not
witness the alleged assault. Mr. Picker has failed to provide evidence sufficient to
11 No. 40334-3-III In re Pers. Restraint of Picker
demonstrate he was actually and substantially prejudiced by his attorney’s failure to
contact Ms. Picker.
Mr. Picker is unable to overcome the strong presumption that his trial counsel’s
performance was reasonable. He has further failed to show how he was actually and
substantially prejudiced by his attorney’s purported deficient representation.
PLEA OF NGRI
Mr. Picker claims he was not competent when he entered his plea of NGRI, his
developmental disabilities were never addressed, and he was uninformed about his rights
and the potential sentence. We disagree with each argument.
If, as here, a petitioner in a PRP alleges a constitutional error in entering a plea,
the petitioner may challenge the plea in a collateral proceeding. In re Pers. Restraint of
Barr, 102 Wn.2d 265, 269, 684 P.2d 712 (1984). To be constitutionally valid, a plea
must be made “knowingly, intelligently, and voluntarily, with the accused being apprised
of the nature of the charges against him.” Id.
In challenging the validity of his plea of NGRI, Mr. Picker largely relies on his
first two competency evaluations that found him not competent to stand trial. Indeed,
Dr. Morrison found Mr. Picker lacked adequate capacity to understand court proceedings
and participate in his own defense in both the September 14 evaluation and December 12
evaluation. However, after Mr. Picker completed two 90-day restoration treatment
sessions, Dr. Morrison opined that he was adequately stabilized by the treatment and
12 No. 40334-3-III In re Pers. Restraint of Picker
psychiatric medications and “currently has the capacity to have a rational understanding
of court proceedings, make rational choices between whatever alternatives are available
to him for resolving the case, and adequately participate in his own defense.” CP at 70.
The sole expert opinion for the court’s consideration in finding Mr. Picker
competent was Dr. Morrison’s third evaluation. By the third evaluation, Dr. Morrison
had monitored Mr. Picker’s treatment, medications, and overall progress for six months.
Mr. Picker has failed to show he was actually and substantially prejudiced by the court’s
reliance on Dr. Morrison’s opinion that his competence had been restored and accepting
his plea of NGRI.
Mr. Picker next argues his developmental disabilities, acknowledged by two court
orders, went unaddressed. As an initial matter, the court does not diagnose
developmental disabilities. Rather, “[i]f the court is advised by any party that the
defendant may have a developmental disability, the evaluation must be performed by a
developmental disabilities professional.” RCW 10.77.060(c).
Here, the court was advised that Mr. Picker may have developmental disabilities.
In response, the court ordered that the competency evaluation includes a qualified
developmental disability professional. In compliance with the court order, Dr.
Strandquist, a developmental disabilities professional, participated in the evaluation and
consulted with Dr. Morrison. Ultimately, Dr. Strandquist found “very strong support for
13 No. 40334-3-III In re Pers. Restraint of Picker
the conclusion that [Mr. Picker] is not developmentally disabled” and “did not find any
basis for concluding that [Mr. Picker] has a developmental disorder.” CP at 47.
Contrary to Mr. Picker’s argument that “he had developmental disabilities
acknowledged by two court orders,” the only competent evidence before the trial court
was Dr. Strandquist’s opinion that he was not developmentally disabled. Motion for
Relief at 16. Mr. Picker has failed to establish that the trial court’s failure to address his
purported developmental disabilities inherently resulted in a complete miscarriage of
justice.
Mr. Picker next argues that he was misinformed of the maximum potential
sentence and was not fully informed at the NGRI hearing. Specifically, Mr. Picker
directs us to a handwritten modification of the maximum fine on the statement of
defendant for acquittal by reason of insanity and the court’s failure to check a box
indicating whether Mr. Picker had read the statement or his lawyer read it to him.
In the statement of defendant for acquittal by reason of insanity, the maximum fine
is listed as “ten thousand dollars.” CP at 26. The “ten” is circled and what appears to be
initials and the number “20” is handwritten below. Id. Presumably, this indicates that
Mr. Picker was properly advised the maximum fine was $20,000. Even if we were to
assume otherwise, Mr. Picker is unable to show the misinformation inherently resulted in
a complete miscarriage of justice. The court did not order him to pay any fines.
14 No. 40334-3-III In re Pers. Restraint of Picker
Mr. Picker claims he was not fully informed when he entered the NGRI plea
because the court failed to check a box declaring whether Mr. Picker had previously read
the statement or his attorney had read it to him.
“When the record reveals that the defendant made a voluntary and intelligent
decision to enter a plea agreement, factual or technical deficiencies underlying the
agreement will not invalidate it.” State v. Hahn, 100 Wn. App. 391, 395, 996 P.2d 1125
(2000). Although the trial court neglected to check a box indicating whether Mr. Picker
had read the statement or it was read to him, Mr. Picker signed the statement. Paragraph
13 of the statement reads, “My lawyer has explained to me, and we have fully discussed,
all of the above paragraphs (1 through 13), and I have received a copy of this motion
and statement. I have no further questions to ask of the Court.” CP at 28. Further,
Mr. Picker’s attorney attested, “I have read and discussed this statement with the
Defendant and believe that the Defendant is competent and fully understands the
statement.” CP at 28.
Mr. Picker has failed to establish that the trial court’s failure to indicate whether
he read the statement or the statement had been read to him inherently resulted in a
complete miscarriage of justice.
PROTECTIONS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES
Mr. Picker argues he was denied statutory protections afforded to those with
developmental disabilities. We disagree.
15 No. 40334-3-III In re Pers. Restraint of Picker
When a defendant’s competency is in question and they are suspected of having a
developmental disability, the evaluation of their mental condition must be performed by a
developmental disabilities professional. RCW 10.77.060(1)(c).
Here, Mr. Picker complains that a developmental disabilities professional did not
perform his second or third competency evaluations and that his developmental
disabilities were considered during restoration treatment. Mr. Picker claims that, had he
been properly evaluated, he would have been eligible for programs that offer an
integrated approach yielding faster results through more humane means.
As discussed above, the court notified the Department in its first order for a
competency evaluation that Mr. Picker may have developmental disabilities. The
Department adhered to the order and enlisted Dr. Strandquist, a developmental
disabilities professional, to participate in the evaluation of Mr. Picker and provide
consultation to Dr. Morrison. After completing the evaluation, Dr. Strandquist and
Dr. Morrison both agreed Mr. Picker did not have developmental disabilities:
[Mr. Picker] performed well on the verbal and nonverbal subtests, producing a valid result for both. . . . The test results also provided very strong support for the conclusion that he is not developmentally disabled. . . . His performance on the test indicated his verbal and nonverbal reasoning ability in the low average to average range or higher.
CP at 47 (emphasis added). They further agreed there was no “basis for concluding that
[Mr. Picker] has a developmental disorder.” CP at 47.
16 No. 40334-3-III In re Pers. Restraint of Picker
Mr. Picker never challenged Dr. Strandquist’s findings, nor does he provide any
evidence that a subsequent developmental disabilities evaluation was warranted. Rather,
Mr. Picker seems to have self-diagnosed developmental disabilities and speculates about
treatment options. This falls short of demonstrating the proceedings suffered from a
fundamental defect that inherently resulted in a complete miscarriage of justice.
Mr. Picker’s claim of being denied statutory protections afforded to those with
developmental disabilities is unsupported by the record.
AFFIDAVIT OF PROBABLE CAUSE
Mr. Picker argues the affidavit of probable cause is tainted and fails to establish
probable cause. Consequently, he argues his arrest was unconstitutional and suppression
of evidence is warranted. We decline review of the issue.
In reliance on Ms. Picker’s declaration, Mr. Picker argues the probable cause
affidavit is tainted because Deputy Conley initially misidentified a witness. Ms. Picker
claims the police report contained various inaccuracies and attributed statements to her
that she did not make. In conflict with these assertions is Deputy Conley’s supplemental
affidavit that clarified Mr. Picker’s other sister, Ms. Kugler, lied about her identity and
claimed to be Ms. Picker.
In support of his proposed remedy for the tainted probable cause affidavit,
Mr. Picker directs us to the standard applied to errors contained in a warrant. Mr. Picker
argues:
17 No. 40334-3-III In re Pers. Restraint of Picker
[A] defendant who makes a substantial preliminary showing that a warrant contains misstatements or omissions of material facts necessary to the determination of probable cause—made either intentionally or with reckless disregard—is entitled to a hearing to test the veracity of the underlying affidavit.
Motion for Relief at 21. Fatal to Mr. Picker’s argument is that he was not arrested on a
warrant; he was arrested on the deputy’s determination of probable cause.
Under RAP 10.3(a)(6), the content of a brief must include “argument in support of
the issues presented for review, together with citations to legal authority and references to
relevant parts of the record.” Moreover, passing treatment of an issue or lack of reasoned
argument is insufficient to merit this court’s consideration. West v. Thurston County, 168
Wn. App. 162, 187, 275 P.3d 1200 (2012). “A party waives an assignment of error not
adequately argued in its brief.” Milligan v. Thompson, 110 Wn. App. 628, 635, 42 P.3d
418 (2002). We will not consider claims insufficiently argued. State v. Elliott, 114
Wn.2d 6, 15, 785 P.2d 440 (1990).
Here, Mr. Picker does not present a sufficient argument nor cite proper authority
to support his contention. We therefore decline review of this issue.
Lastly, Mr. Picker asserts a Brady 3 violation for the first time in reply to the
State’s brief. RAP 10.3(c) limits the reply brief “to the issues in the brief to which the
3 Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963).
18 No. 40334-3-III In re Pers. Restraint of Picker
reply brief is directed.” We may decline to review issues raised for the first time in a
reply brief. City of Spokane v. White, 102 Wn. App. 955, 963, 10 P.3d 1095 (2000).
Because Mr. Picker belatedly asserted a Brady violation for the first time in his
reply brief, we decline review of this issue.
CONCLUSION
We deem Mr. Picker’s PRP timely and deny the petition on the merits.
A majority of the panel has determined this opinion will not be printed in the
Washington Appellate Reports, but it will be filed for public record pursuant to RCW
2.06.040.
Cooney, J.
WE CONCUR:
Lawrence-Berrey, C.J.
Staab, J.