Resources

Redemption Project of WA (RPW): Resentencing Training and Resources

The Redemption Project of Washington (RPW) was created in 2022, as a partnership project of WDA and the Seattle Clemency Project (SCP).  RPW aims to uplift second chances and to support individuals going back to court for resentencing hearings and other early release hearings.   If you are representing a non-citizen in any post-conviction case, please see additional information here.

Case Support- Resentencing: WDA Is Assisting Defense Attorneys and Teams with Resentencing Hearings in Washington State

In recent years, court decisions and legislative changes have resulted in numerous individuals having an opportunity for a second chance by going back to court for a resentencing hearing. At WDA, we have added two staff positions dedicated to providing support to attorneys and defense team members working on felony resentencing cases.

You can reach Cindy Arends Elsberry, WDA Resentencing Resource Attorney, at cindy@defensenet.org.

You can reach Percy Levy, WDA Community Outreach Specialist at percy@defensenet.org.

Cindy and Percy are currently available to consult with defense attorneys and teams on felony resentencing cases. They can assist with legal issues and strategies, finding evidence of mitigation, telling the client’s story of transformation and  rehabilitation, building reentry plans, and with engaging community members and organizations to show support for the client at resentencing hearings.

WDA has a Second Chance” listserv dedicated to resentencing and second look cases, where defense attorneys can ask questions and exchange information, more information here.

NEW!! Join us for First Mondays – Join RPW for a a monthly First Monday meetup to discuss resentencing and second look cases. Click here to learn more.

 

WDA’s Immigration Project Is Assisting with Postconviction Relief for Noncitizens in Washington State

Since 1983, defense counsel has had a duty to inform clients about the immigration consequences of their plea; however, that duty was misunderstood by many attorneys as being outside of the scope of their representation as it was viewed as a collateral consequence of a conviction. The U.S. Supreme Court ruling in Padilla underscored that it was not a collateral consequence and that no advice or false advice would be grounds for appeal. Now, WDA is helping individuals who did not get immigration advice and who had adverse immigration consequences get back into court.

In partnership with the with the Northwest Immigrant Rights Project, Redemption Project Washington will focus on getting noncitizen clients back into court to remedy the adverse immigration consequences that came from their criminal convictions. At WDA, we have an attorney providing support and advice to attorneys working on postconviction relief for noncitizen clients.

You can reach Sarah Hudson, WDA Immigration Resource Attorney, at sarah@defensenet.org. Sarah is available to assist with training and to consult on postconviction relief cases. For more information click here.

Resentencing Resources - Sample Briefs, Practice Advisories and Handouts

Training Manual for Resentencing Cases  Redemption Project of WA (2.2023)

Brief –Motion to Vacate Remove Juvenile Priors in Case That is Final (11.2023)

Brief – Motion for Late Appeal and Reply_ Affirmative Misadvice (11.2022)

Brief – Blake Resentencing Required Subsequent Conviction Does Not Matter (11.2023)

Brief – POAA Robb 2 Resentencing Required When Three Strikes Remain (10.2023)

Brief – Extend Monschke to Age 21 (8.2023)

Sample Motion:  Vacate Sentence – Monschke (9.2023)

Brief- Early Release for Youth <18 Inadequate Remedy (5.2023)

Brief- Offender Score Changes to Juvenile Scoring Apply (8.2023)

Motion – Sample Pro Se Motion- Generic

Brief- Resentencing Required by CrR 7.8 Even if Range Does Not Change

Brief- WD of Plea Acceptable Remedy to Houston-Sconiers Error

Brief- Late Adolescent De Facto Life w/Juvenile Priors as Aggravators Unconstitutional

Sent Memo – Monschke Resentencing Case Sentence Options

Brief – Felony Murder Mand Mins Unconstitutional for Late Adolescent Minor Accomplice

Brief – Juvenile Parole not Adequate Remedy if Resentence <20 years Possible

Brief – LWOP and Life Equivalent Unconstitutional for Late Adolescents 18-20 

Brief – Resentencing Based on H-S is not a Breach of Plea Agreement  

Brief PRP-Early Release Not Adequate Remedy for Youth (5.2023)

Sample Brief Defendants Houston Sconiers Sentencing Memo

Sample Brief- Defendant Brings Motion for Resentencing to Court (6164)

Sample Brief: Motion to Vacate  No Change in Score (2.2023)

Sample Motion -Appointment of Counsel in CrR 7.8/Blake

Sample Brief -Resentencing Required Eventhough No Change in Range

Sample Resentencing Memo 6164 Agreed Rec

Sample 6164 Letter Late Adolescent with SUD

Sample 6164 Letter Adolescent Accomplice Burglary 

Sample 6164 Letter Late Adolescent Extraordinary Rehab

Sample 6164 Letter Short

Sample Motion to Resentence and Apply Houston-Sconiers

Sample Resentencing Memorandum 6164

Sample Order Blake

Practice Advisory – Sentencing: Changes to SRA Scoring of Juvenile Points

Practice Advisory – Addressing LFOs at Felony Resentencing

Practice Advisory – Early Release from DOC Due to Medical Condition (6.2023)

Practice Advisory – Withdrawal of Guilty Plea (5.2023)

Practice Advisory: Resentencing of Youth after Hinton/Corrasco (3.2023)

Practice Advisory Resentencing- Communicating with DOC to Get or Give Information (1.2023)

Practice Advisory: Felony Resentencing -Early Steps for Attorney to Consider (1.2023)

Practice Advisory- Exceptional Sentence -Youth as Mitigation (12.2022)

Practice Advisory – Miller (and progeny) Timeline (12.2022)

Practice Advisory -Resentencing_Effective Communication with Post-conviction Client (10.2022) 

Practice Advisory – Prosecutor Discretion to Resentence -6164 Petitions (12.2022)

Practice Advisory – Felony Major Resentencing Pathways (10.2022)

Practice Advisory -Seeking Records from DOC (3.2022)

Practice Advisory Appointment of Counsel in CrR 7.8(b) (2022)

Practice Advisory – Prosecutor Initiated Resentencing (6164 Petitions) (2020)

Practice Advisory-Understanding DOC Policies and Operational Memorandums

Practice Advisory – Understanding Limits on Access to DOC Programming

Practice Advisory – Clemency and Pardons Overview

Practice Advisory – Voting Rights Restoration with 2021 Legislation Update

Know Your Rights – Client Handout Re Voting Rights Restoration

DOC CLE Handout Resentencing Case Training Oct 2021

White Paper – The Science of Late Adolescence

Post Conviction Relief for Noncitizen Clients