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.

Strengthening the Sixth Amendment

Below are resources from the Strengthening the Sixth Amendment organization presentation on jury diversity webinar series. The recording and other resources available at The resources include:


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 Mitigation Package Settlement Cover Letter (5.2022)

This sample cover letter explains that material is being offered for settlement purposes only, pursuant to ER 408 and 410.


Resentencing – Including Subsequent Convictions Violates Due Process (2020)

Thanks to Andrea Burkhart for this brief, arguing that the court violates the defendant's due process by including subsequent convictions in an offender score at resentencing.


Withdraw of Guilty Plea to Meth DUI Due to Contamination and Brady Violation-Reply to State’s Response by Kendra Lotstein

This reply brief by Kendra Lotstein addresses arguments in the State’s response to a motion to withdraw a guilty plea to a methamphetamine DUI based on contamination at the WSP Toxicology Lab and the related Brady violation....


Motion to Withdraw Guilty Plea to Meth DUI Due to Brady Violation and Contamination by Kendra Lotstein

This motion by Kendra Lotstein argues for withdraw of a guilty plea to a methamphetamine DUI with a blood test on or after March 1, 2018. It is based on the State’s failure to notify the defense of contamination at the WSP t...


Motion for Funds to Hire Breath Test Expert by Eric Christianson


Motion to Admit Breath Test as Exculpatory Evidence by Jon Fox


Motion to Suppress Breath Test Because Client Had No Opportunity to Contact Counsel


Motion to Suppress Breath Test for Violation of Right to Counsel by Jenna Henderson


DUI Breath Test Inadmissible – Wrong Language


Motion to Suppress Breath Test Because the 15-minute Observation Period Was Interrupted by Matthew Leyba