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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.

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:

Impartial & Representative Juries – STS Website
State v. Gould (Conn. 2016)
Color-Blind But Not Color-Deaf: Accent Discrimination in Jury Selection – Jasmine Gonzales Rose
Report and Recommendations – Arizona Task Force on Jury Data Collection, Policies and Procedures
Texas Law Says Jury Panels Must Be Chosen Randomly. A Brazoria County Official Had a Different Idea.
Voir Dire – Center for Jury Studies, National Center for State Courts
Asymmetry as Fairness: Reversing a Peremptory Trend – Anna Roberts, Seattle University School of Law
The Impact of Minimal versus Extended Voir Dire and Judicial Rehabilitation on Mock Jurors’ Decisions in Civil Cases – Salerno et. al
Beyond Batson’s Scrutiny: A Preliminary Look at Racial Disparities in Prosecutorial Preemptory Strikes Following the Passage of the North Carolina Racial Justice Act – Grosso and O’Brien
Redefining Bias in Criminal Justice – Criminal Justice Magazine, ABA
A Call to Criminal Courts: Record Rules for Batson – Grosso and O’Brien
Examining Jurors: Applying Conversation Analysis to Voir Dire in Capital Cases, a First Look – O’Brien, Grosso and Taylor
Twenty Million Angry Men: The Case for Including Convicted Felons in Our Jury System – James Binnall
Can Explicit Instructions Reduce Expressions of Implicit Bias? New Questions Following a Test of a Specialized Jury Instruction – Elek and Hannaford Agor
The Chauvin Trial’s Jury Wasn’t Like Other Juries – Sonali Chakravarti, The Atlantic

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.

Attachment to Writ-Release Probationer or Set Conditions of Release Pursuant to CrRLJ 7.6(d)

Writ-Court Must Release Probationer or Set Conditions of Release Pursuant to CrRLJ 7.6(d)

Sentence for Drug Loitering Violates Washington Constitution’s Ban on Cruel Punishment.

This brief argues that sentencing drug loitering as a gross misdemeanor violates the Washington Constitution’s ban on cruel punishment.

Certificate of Service of No Contact Order and Confrontation Clause 1.2023

This RALJ brief argues that admission of the certificate of service of a no contact order without testimony of the person who served the order violates the Confrontation Clause.

Resources

Brief Bank

Attachment to Writ-Release Probationer or Set Conditions of Release Pursuant to CrRLJ 7.6(d)

Writ-Court Must Release Probationer or Set Conditions of Release Pursuant to CrRLJ 7.6(d)

Sentence for Drug Loitering Violates Washington Constitution’s Ban on Cruel Punishment.

Certificate of Service of No Contact Order and Confrontation Clause 1.2023

Sample Resentencing Memo Agreed Rec 6164

Sell Hearing – Misdemeanor (2007)

Sell Hearing Brief – Serious Offense

Sell Motion- Felony Harassment Charge (2009)

White Paper on the Science of Late Adolescence

Redacted Sex Offense Questionnaire

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