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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.

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...

09.14.20_DMCJA DOL Liaison Committee Minutes_ Double databases

Attached meeting minutes give details about a problem with DOL records. DOL records for many Washington drivers show failures to appear (FTAs) for traffic tickets even though drivers are actually in compliance. The problem stems f...

01.12.21_memo_DOL Records_ Double Databases

Attached memo from investigator Lily Haight gives details about a problem with DOL records. DOL records for many Washington drivers show failures to appear (FTAs) for traffic tickets even though drivers are actually in compliance....

Possession of Drug Paraphernalia Ordinance with No Mens Rea Is Unconstitutional

This motion by Ken Harmell and David Iannotti cites to State v. Blake and argues that a municipal ordinance that criminalizes possession of drug paraphernalia with no mens rea is unconstitutional.

Sample Motion to Resentence and apply Houston Sconiers (St v. Nobles)(2018)

Willie Nobles was 18 in 1997 when the State prosecuted him for first degree murder and 4 counts of assault 1. The court imposed 1,180 months. In 2018, the Court of Appeals remanded his case for a resentencing hearing. This defense...

CrR 7.8 Motion to Resentence St. v. Blake (3.2021)

This sample motion for relief from judgment and resentencing argues that the defendant's offender score includes prior conviction for VUCSA possession which are no longer valid pursuant to State v. Blake. thanks to Kari Reardon of...