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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.

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 https://strengthenthesixth.org/. The resources include:

Impartial & Representative Juries – STS Website
State v. Gould (Conn. 2016)
Color-Blind But Not Color-Deaf: Accent Discrimination in Jury Selection – Jasmine Gonzales Rose
Report and Recommendations – Arizona Task Force on Jury Data Collection, Policies and Procedures
Texas Law Says Jury Panels Must Be Chosen Randomly. A Brazoria County Official Had a Different Idea.
Voir Dire – Center for Jury Studies, National Center for State Courts
Asymmetry as Fairness: Reversing a Peremptory Trend – Anna Roberts, Seattle University School of Law
The Impact of Minimal versus Extended Voir Dire and Judicial Rehabilitation on Mock Jurors’ Decisions in Civil Cases – Salerno et. al
Beyond Batson’s Scrutiny: A Preliminary Look at Racial Disparities in Prosecutorial Preemptory Strikes Following the Passage of the North Carolina Racial Justice Act – Grosso and O’Brien
Redefining Bias in Criminal Justice – Criminal Justice Magazine, ABA
A Call to Criminal Courts: Record Rules for Batson – Grosso and O’Brien
Examining Jurors: Applying Conversation Analysis to Voir Dire in Capital Cases, a First Look – O’Brien, Grosso and Taylor
Twenty Million Angry Men: The Case for Including Convicted Felons in Our Jury System – James Binnall
Can Explicit Instructions Reduce Expressions of Implicit Bias? New Questions Following a Test of a Specialized Jury Instruction – Elek and Hannaford Agor
The Chauvin Trial’s Jury Wasn’t Like Other Juries – Sonali Chakravarti, The Atlantic

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.

Motion to Dismiss Physical Control Because Statute Violates Blake

Thanks to Tom Paynter for this brief.

Motion to DM 8.3(b), or Release or Compensatory Sanctions – Competency Delay re St v. Luvert (1.2022)

This motion seeks DISMISSAL, RELEASE, OR COMPENSATORY SANCTIONS following delay in transport to WSH/ESH for competency services in a criminal case. THANKS to Ramona Brandes for her briefing.

12.01.21_Vacate DWLS 3_Failure to Pay or Appear on Traffic Infraction by Ramona Brandes

Thanks to Ramona Brandes for this motion to vacate a DWLS 3 when the suspension was for failure to pay or appear on a traffic infraction. You can use it to move to vacate DWLS 3s that are causing problems for your client, whether ...

Motion to Seal 10.77 Evaluation (2015)

Findings and Order to Seal 10.77 Evaluation (2013)

The order finds the court should seal or redact a 10.77 competency evaluation.

Motion for Sanctions and to Compel (2021)

Motion for sanctions for prosecutor who provided witness list with 223 witnesses most related to other case and refusing to narrow list. thanks to Shelley Ajax for sharing this brief.

Motion to Vacate Possession of Legend Drug (9.2021)

This sample motion argues that the court should vacate a conviction for possession of a legend drug. Thanks to Eric Mapes.

Motion to Vacate Inchoate Offense – St. v. Blake (9.2021)

This sample motion to vacate argues that anticipatory offenses of attempted possession, conspiracy to possess and solicitation to possess should be vacated pursuant to State v. Blake.

SAMPLE Defense Motion to Vacate and Correct Offender Score- State v. Blake (2021)

Search While on Community Custody for PCS_Blake (7.2021)

This brief argues State v. Blake renders a search unlawful because the search occurred while on community custody for possession of a controlled substance. Thanks to Eric Trujillo.