Resources

Post Conviction

Motion for Late Appeal with Reply (11.2022)

This Motion and Reply argue the appellate received affirmative misadvice from the court regarding the right to appeal, thus no waiver of right to appeal in a late filing of direct appeal. Thanks to Jeff Ellis for this briefing.

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Motion to Vacate Sentence Remove Juvenile Points from Score (11.2023)

In this motion to vacate, defendant seeks to remove prior juvenile adjudications from his score in a case that has been final for a long time. Thanks to Jeff Ellis for this sample brief.

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Resentencing Required Blake Subsequent Conviction Does Not Matter (11.2023)

Thanks to Jeff Ellis for this sample motion to vacate.

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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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Monschke Generic CrR 7.8 Motion to Vacate (8.2023)

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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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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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