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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.

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.

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.

Motion to Dismiss DWLS 3 When Suspension Based on Failure to Pay or Appear on Infraction

This motion to dismiss a charge of DWLS 3 following a license suspension for failure to pay or appear on a citation for a traffic infraction is based on the ACLU of Washington’s successful civil lawsuit in Thurston County Superi...

06.17.21_Crime of Possession of Marijuana Under 21 is Unconstitutional

Thank you to Brian Allen in at Yakima County Department of Assigned Counsel for this motion. The motion relies on the reasoning of State v. Blake to argue the crime of possession of marijuana under 21 is unconstitutional.

06.2021 DUI Blood Test When Blood Held in Expired Vials

Thanks to Abbie Pence for this brief arguing a court must suppress a blood test if it is conducted after the blood vials have expired.

Blanket requirements of presence violate CrRLJ 3.4

This brief argues that a superior court should grant a writ disallowing a court of limited jurisdiction from requiring all accused people to be present for all hearings of a specific type other than arraignment, trial, or sentenci...

PRP, Opening Brief re Blake/Challenge to UPFA Based on PCS (4.2021)

In this PRP, the Petitioner Mr. Gonzales argues that his 2020 conviction for UPFA predicated on prior convictions for PCS is invalid. Mr. Gonzales’ October 2020 guilty plea to UPFA was not knowing, intelligent and voluntary beca...

7.8( b) Blake Motion for New Trial and Motion Opposing Transfer to COA (5.2021)

This is a motion opposing transfer to the COA and a Motion to Reconsider. The brief argues that the trial court should allow the defendant to withdraw his 2009 guilty plea pursuant to State v. Blake and grant a new trial. Thanks t...

04.20.21_ DOL Double Databases Summary

This summary discusses a problem with DOL records and possible legal implications of that problem. DOL records for many Washington drivers show failures to appear (FTAs) for traffic tickets even though drivers are actually in comp...