Revised Code of Washington
Wash. Rev. Code § 7.36.010 (2026)
Who may prosecute writ
✓ current as of May 2026
Find cases:
SyfertCases citing this section
WA-LEGapp.leg.wa.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Every person restrained of his or her liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered therefrom when illegal.
[ 2011 c 336 s 185; Code 1881 s 666; 1877 p 138 s 669; 1869 p 156 s 606; 1854 p 212 s 434; RRS s 1063.]
Notes of Decisions
Cited in 21
cases (3 in the last 5 years), 1970–2026 · leading case: Born v. Thompson, 154 Wash. 2d 749 (Wash. 2005).
Born v. Thompson, 154 Wash. 2d 749 (Wash. 2005). “RCW 7.36.010 provides that “[e]very person restrained of his liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint.”
Born v. Thompson, 117 P.3d 1098 (Wash. 2005). “RCW 7.36.010 provides that "[e]very person restrained of his liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint.”
Marilynn R. Malcom v. Alice Payne, 281 F.3d 951 (9th Cir. 2002). “See Wash. Rev. Code § 7.36.010 (2000). The state court of appeals dismissed Malcom’s petition, and she did not seek discretionary review from the state supreme court.”
Harris v. Charles, 256 P.3d 328 (Wash. 2011). “" RCW 7.36.010. A petitioner seeking a writ of habeas corpus raises a collateral attack and bears a higher burden than on direct appeal.”
Harris v. Charles, 171 Wash. 2d 455 (Wash. 2011). “*461 ANALYSIS f 7 “Every person restrained of his liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered therefrom when illegal.”
Honore v. Washington State Bd. of Prison Terms & Paroles, 466 P.2d 485 (Wash. 1970). “To insure its availability, both the federal constitution and this state's constitution prohibit suspension of the writ except under extreme circumstances.”
Harris v. Charles, 214 P.3d 962 (Wash. Ct. App. 2009). “¶ 7 RCW 7.36.010 provides: "Every person restrained of his liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered therefrom when illegal.”
Harris v. Charles, 151 Wash. App. 929 (Wash. Ct. App. 2009). “¶7 RCW 7.36.010 provides, “Every person restrained of his liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the *934 restraint, and shall be delivered therefrom when illegal.”
City of Spokane v. Becker, 982 P.2d 639 (Wash. Ct. App. 1999). “RCW 7.36.010. But the petitioner must affirmatively show he/she filed the petition within the one-year statute of limitations of RCW 10.”
Weiss v. Thompson, 120 Wash. App. 402 (Wash. Ct. App. 2004). “DECISION RCW 7.36.010 provides, “Every person restrained of his liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered therefrom when illegal.”
Weiss v. Thompson, 85 P.3d 944 (Wash. Ct. App. 2004). “DECISION RCW 7.36.010 provides, "Every person restrained of his liberty under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of the restraint, and shall be delivered therefrom when illegal.”
State v. McCarter, 562 P.2d 995 (Wash. Ct. App. 1977). “The absence of any express release provisions from the sexual psychopath statute is not a fatal flaw in that enactment, because a person committed as a sexual psychopath has the right to proceed under the habeas corpus statute, RCW 7.36.010, to initiate proceedings to determine…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.