In 2022, WDA and the Seattle Clemency Project (SCP), assisted with support from the State Office of Public Defense (OPD), created The Redemption Project of Washington (RPW). RPW is a new pilot project that aims to uplift second chances and to support individuals going back to court for resentencing hearings. WDA has two major components in RPW’s work. 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 email@example.com.
You can reach Percy Levy, WDA Community Outreach Specialist at firstname.lastname@example.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 Fridays – Join RPW for a a monthly First Friday 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 email@example.com. Sarah is available to assist with training and to consult on postconviction relief cases. For more information click here.
Preparing for Resentencing and Building a Successful Reentry Plan (2.2023)
Blake 2.0: State v. Blake and Resentencing Hearings. (6.17.22)
DOC Role in Resentencing and Rentry Training 4.12.22.
DOC Resentencing Training (4.12.22) and training materials
Second Chances: Preparing for a Resentencing Hearing (3.2021)
Practice Advisory – Withdrawal of Guilty Plea (5.2023)
Brief PRP-Early Release Not Adequate Remedy for Youth (5.2023)
Defendants Houston Sconiers Sentencing Memo
Sample Brief- Defendant Brings Motion for Resentencing to Court (6164)
Practice Advisory: Resentencing of Youth after Hinton/Corrasco (3.2023)
Motion to Vacate No Change in Score (2.2023)
Practice Advisory Resentencing- Communicating with DOC to Get or Give Information (1.2023)
Practice Advisory: Felony Resentencing -Early Steps 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)
Training Manual for Resentencing Cases Redemption Project of WA (Draft)(12.2022)
Practice Advisory – Felony Major Resentencing Pathways (10.2022)
Practice Advisory -Seeking Records from DOC (3.2022)
Sample Motion -Appointment of Counsel in CrR 7.8/Blake
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
Know Your Rights – Client Handout Re Voting Rights Restoration
DOC CLE Handout Resentencing Case Training Oct 2021
White Paper – The Science of Late Adolescence
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 Motion to Resentence and Apply Houston-Sconiers
About Time: How Long and Life Sentences Fuel Mass Incarceration in Washington State, ACLU-Washington and Dr. Katherine Beckett.
Principles and Leading Cases in PRPs (2018, WA Supreme Court)