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 for Juvenile/Young Adult Specific Jury Instruction (08.2019)

Based upon scientific research and landmark cases recognizing that children and young adults are different, the defense proposes juvenile or young adult specific jury instructions. Thanks to Ryan McGowan, WDA Legal Extern, 3L.


Retroactivity of 364 Day Maximum Sentence for Misd. (2011)

This brief argues the law reducing the maximum punishment for misdemeanors from 365 days to 364 days is retroactive. Thanks to the Northwest Defender Association in King County.


Retroactivity of I-502 (Marijuana Legalization)(2012)

This brief argues that I-502, legalizing possession of marijuana, is retroactive. Thanks to Yvonne Ward for this brief.


Motion to Admit Evidence of Immigration Status Under ER 413

This motion argues that a trial court must admit evidence of a noncitizen complaining witness’ immigration status if the complaining witness’ testimony makes it more likely that s/he may be eligible for lawful permanen...


Public Disclosure Request for Documents About Blood Alcohol Test

Thanks to Diego Vargas for this public records request for use in a DUI with a blood alcohol test.


Subpoena Duces Tecum for Documents About Blood Alcohol Test

Thanks to Diego Vargas for this subpoena duces tecum for use in a DUI case with a blood alcohol test.


Writ of Habeas Corpus ad Testificandum: Getting Witness Transported From ICE to State Court

This zip file contains a writ requesting transport of a witness from ICE custody to state court and accompanying orders. Thanks to Kelly Vomacka.


Motion to DM w/o due to Competency Delay (3.2019)

This brief argues the trial court should dismiss the case without prejudice based on the 14th Amendment and State v. Hand. Thanks to Adrien Leavitt, Gordon Hill, Katie Hurley at King Co DPD for this brief.


Principles and Leading Cases on Procedures in Personal Restraint Petitions (2018)

Staff of the Washington Supreme Court prepare this manual on the law and procedure for seeking post conviction relief through use of a Personal Restraint Petition (PRP).


Juvenile Restitution – No Restitution to Insurance Co (11.2018)

This sample motion argues that the juvenile court should not impose restitution for an insurance company payment to a victim business in a burglary prosecution. Thanks to Gabe Rothstein.