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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.

Comparability – DUI Priors from AZ and IL

This brief argues that prior DUI convictions from Arizona and Illinois are not comparable and do not count for purpose of Felony DUI. Thanks to Christopher Taylor.

Motion to Compel In-Person Interview or Deposition (3.2020)

This brief supports the defense motion to compel when the witness refuses to participate in an in-person defense interview, the witness is a critical witness and the only witness to the alleged crime. Thanks to Emily Gause.

Motion to Compel In Person Interview or Deposition (2009)

This brief supports the defense motion to compel in person interview or deposition when the witness lives out of state and the prosecutor refuses to pay for travel to permit a defense interview well in advance of trial.

Motion for Exceptional Down- Youth as Mitigation (2017)

This sentencing memo argues the court should depart down based on youth of defendant and lack of contact with police/criminal justice system. Thanks to Brooke Foley.

RALJ Opinion_DOL Mailing Custom

DOL Cannot Show Mailing Custom by Bruce Shamulka-08.07.20_RALJ

Primer on Writs by Chris Jackson

Primer on Writs by Chris Jackson These documents include an overview of writs with a guide to the logistics of filing a writ, sample writs of certiorari, mandamus, prohibition and habeas, and sample forms and orders. Huge thanks t...

Making a False Material Statement – Vague

This brief by Max Mensinger argues that the section of the Everett Municipal Code that criminalizes making a false statement to a public servant is unconstitutionally vague. That section is identical to RCW 9A.76.175, which also c...

Challenge to Cost of SCRAM Pretrial_ RCW 10.21.055

Challenge to cost of SCRAM_pretrial release_RCW 10.21.055 These briefs argue that RCW 10.21.055, which requires some defendants to pay the cost of alcohol monitoring as a condition of pretrial release, violates the privileges and ...

WA Supreme Court Order In re the Matter of the Statewide Courts in Response to COVID 19 (3.18.20)

This March 18, 2020 Order by the WA Supreme Court directs courts statewide to take measures to follow guidelines of the CDC and to reduce the impact of the spread of COVID 19.