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Brief Bank

Brief Bank Information

WDA has created a brief bank for use by its members and those engaged in indigent defense in Washington State. This bank was created by the resource attorneys, who have either written these motions or received them from other practicing attorneys. If you have a motion that you would like to contribute to this bank, please contact the resource attorneys, who will then update and publish it to the bank.

AOC Brief Bank

The Administrative Office of the Courts (AOC) maintains a brief bank that is based upon the briefs filed for indigent appeals in the Washington State Courts of Appeal and Washington State Supreme Court in the last ten or more years. Follow this link to their website.

As with all resources, WDA staff does its best to keep the brief bank updated but it is your obligation to make sure that the caselaw is still current.

Below are the most recently updated documents and links in all brief bank subcategories.

Sample Motion to Resentence and apply Houston Sconiers (St v. Nobles)(2018)

Willie Nobles was 18 in 1997 when the State prosecuted him for first degree murder and 4 counts of assault 1. The court imposed 1,180 months. In 2018, the Court of Appeals remanded his case for a resentencing hearing. This defense...

CrR 7.8 Motion to Resentence St. v. Blake (3.2021)

This sample motion for relief from judgment and resentencing argues that the defendant's offender score includes prior convcition for VICSA possession which are no longer valid pursuant to State v. Blake. thanks to Kari Reardon of...

CrR 7.8 Motion for Relief/Resentence with New Score (State v. Blake)(3.2021)

This sample motion seeks relief from judgment and resentencing to correct the offender score and remove a prior VUCSA possession conviction which is no longer a valid conviction under State v. Blake. With thanks to Josephine Towns...

CrR 7.8 Motion to Vacate PCS – St. v. Blake (3.2021)

Sample CrR 7.8 Motion to DM and Motion to Vacate pursuant to RCW 9.94A.640 based on State v. Blake (possession of a controlled substance conviction unconstitutional). Thanks to Kevin Griffin of Thurston County DAC.

CrRLJ 3.4 and Blanket Requirement of Presence

This brief argues that a superior court should grant a writ when a court of limited jurisdiction makes a blanket ruling that all accused people must be present for all hearings of a specific type other than arraignment, trial, and...

Sample PRP- Resentencing of Youth (Suarez)(11.2020)

This PRP brief argues that a youth prosecuted and sentenced in adult court is entitled to resentencing based on the retroactive change in the law following State v. Houston-Sconiers. Thanks to Jeff Ellis for this brief.

Sample PRP Resentencing of Youth (Moore) (11.2020)

Sample PRP Resentencing of Youth (Lewis) (12.2020)

This brief argues that a youth prosecuted and sentenced as an adult is entitled to resentencing pursuant to the retroactive change in the law resulting from State v. Houston-Sconiers. Thanks to Jeff Ellis for sharing this brief.

Sample PRP-Resentencing of Youth in Adult Court (Forcha Williams)(12.2020)

This PRP Brief argues that a youth prosecuted and sentenced in adult court is entitled to resentencing based on the retroactive change in the law resulting from State v. Houston-Sconiers. Thanks to Jeff Ellis for this brief.

Sample PRP Brief -Resentencing of Youth (Durham) (12.2020)

This PRP argues that a youth prosecuted and sentencing in adult court is entitled to a resentencing hearing based on the retroactive change in the law following State v. Houston-Sconiers. Thanks to Jeff Ellis for sharing this brie...