Resources

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:

 

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.

Resentencing Required Blake Subsequent Conviction Does Not Matter (11.2023)

Thanks to Jeff Ellis for this sample motion to vacate.

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Opposing Forced Medication for Misdemeanor (2018)

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Sell Brief (Felony) (2021)

This brief specifically touches on the issue of forced medications for “dangerousness” and how that cannot be the only criteria when we are dealing with restoration.

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Scoring of Juvenile Points – State’s Stock Brief Generic (8.2023)

This is the State's stock brief arguing the juvenile points bill changing scoring of juvenile priors is not retroactive.

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POAA Robb 2 Resentencing Required (10.2023)

This motion for direct review asks the WA Supreme Ct to take the issue: does a person with a robb 2 prior used to determine POAA status get a resentencing hearing, even if they still have 3 strikes? Thanks to Jeff Ellis.

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Offender Score Changes to Juvenile Points Scoring Apply Defense Reply to State (10.2023)

Thanks to Jeff Ellis for this brief.

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Monschke Sample 7.8 Motion to Vacate Sentence (9.2023)

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Early Release and Lifetime Parole Inadequate Remedy for Youth <18 (5.2023)

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Sample Pro Se Motion Template

This is a blank form on pleading paper that a Pro Se person can use to file a motion in court.

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Extend Monschke to 21 Year Olds (8.2023)

Thanks to Jeff Ellis for the brief, arguing that trial courts must have discretion when sentencing 21 year olds for aggravated murder.

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