In the Matter of the Personal Restraint Petition of VINCENT L. FOWLER, Petitioner.
Fowler filed his personal restraint petition (PRP) about five
months after the one year period to file his PRP expired. He
asserts that the time bar should be equitably tolled because
his former counsel failed to communicate with him and
subsequently resigned from the Washington State Bar
Association (WSBA) in lieu of discipline. We dismiss
Fowler's PRP as untimely.
was accused of sexually assaulting two children, and was
convicted of two counts of first degree child molestation and
one count of first degree rape of a child. The trial court
imposed discretionary legal financial obligations (LFOs).
August 18, 2015, Division Three of this court affirmed
Fowler's convictions on direct appeal. State v.
Fowler, No. 33227-6-III, slip op. at 1 (Wash.Ct.App.
Aug. 18, 2015) (unpublished),
September 16, Fowler's direct appeal counsel filed a
petition for review with our Supreme Court. In September,
Fowler's brother Darryl Fowler retained a different
attorney, John Crowley, to represent Fowler in additional
March 31, 2016, our Supreme Court granted review "only
on the issue of imposition of discretionary legal financial
obligations" and remanded to the superior court to
"reconsider the imposition" of discretionary LFOs
consistent with State v. Blazina, 182 Wn.2d 827, 344
P.3d 680 (2015). State v. Fowler, 185 Wn.2d 1016,
368 P.3d 170 (2016). On October 19, the superior court
entered an order amending Fowler's judgment and sentence,
which amended the imposition of LFOs, and stated that
"all other conditions of the Judgment and Sentence
remain in effect." Br. of Resp't at App. E.
22, 2017, the WSBA filed a complaint against Crowley for
numerous violations of the Rules for Enforcement of Lawyer
Conduct. On July18, Crowley resigned in lieu of discipline.
On October 9, Fowler retained current counsel.
October 18, current counsel filed a document he described as
a "placeholder" petition in this court. This
document did not raise any issues, but instead described
Crowley's nonfeasance on this case and stated,
"Given the above, the grounds for relief are yet
unclear. More time is required to obtain prior counsel's
file, diagnose issues, conduct investigation, if necessary,
and then prepare and file the petition." Pet. for Review
November 21, we issued the followed ruling:
Petitioner has filed a "placeholder petition" and
requests that this court grant him an extension of time in
which to file his complete petition. We consider this as a
motion to file a supplemental petition and grant the motion.
Petitioner should file his supplemental petition, in which he
must address why this court should consider waiving the
one-year time bar (RCW 10.73.090) or establish that the
issues he raises in his supplemental petition are not subject
to the time-bar, within 60 days of the date of this ruling.
by Commissioner re "Placeholder Petition,"
State v. Fowler, No. 51029-4-II, at 1 (Wash.Ct.App.
Nov. 21, 2017).
January 23, 2018, this court granted additional time to file
a supplemental petition, subject to the conditions of this
court's November 21 ruling. Ruling Granting Extension of
Time, State v. Fowler, No. 51029-4-II, at 1
(Wash.Ct.App. Jan. 23, 2018). On March 26, 2018, current
counsel filed a supplemental petition arguing ineffective
assistance of counsel.