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6164: Prosecutor Initiated Resentencing RCW 36.27.130
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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.

FOF COL Order to Seal Declaration for Comp Eval (9.2024)

This Sample Brief is intended for use by defense attorneys who file a Motion to Seal Declaration of Counsel in Support of Competency Evaluation. It includes FOF/COL and Order Sealing. Thanks to Christopher Taylor for sharing a sim...

Motion to Appt Counsel – Monschke (8.2024)

This Sample Motion and Order supports a request for appointment of counsel in a resentencing case impacted by In re Monschke.

Motion to Modify Community Custody Conditions (6.2024)

Late Appeal – Mtn to Extend Time to File (2021)

Good Time on Mand Min Portion for 1998 Crime (2.2024)

This brief argues that the defendant can earn good time on the mandatory minimum portion of a sentence for a 1998 offense. Thanks to Scott McGinty for sharing this brief.

Expired Vials Rulings Compiled by Dustin Howie (Link)

Spokane Superior Court RALJ Decision on Delay and Expired Vials in Blood Test DUI

The ruling includes some strong language regarding expired vials: “The Court finds that prejudice exists and concurs with Spokane Municipal Court that prejudice results from a DUI blood test with an expired tube on these facts.�...

Spokane Superior Court RALJ Decision on Preaccusatorial Delay in Blood Test DUI

Jefferson County Ruling Suppressing Blood Test Result Due to Expired Vial

This ruling from Jefferson County District Court orders suppression due to expired vial testing. There is language in the Court’s ruling that Dr. Couper was “not able to answer questions relating to expired vials” and “c...

Motion & Order for Witness Deposition Per CrR 4.6(a)

Motion provides the alternative to attend deposition via Zoom or in person with digital recorder rather than court reporter. [Remember that the advantages to obtaining a deposition are sworn testimony and the court reporter’...