Sample Mitigation Package Settlement Cover Letter (5.2022)

This sample cover letter explains that material is being offered for settlement purposes only, pursuant to ER 408 and 410.

Resentencing – Including Subsequent Convictions Violates Due Process (2020)

Thanks to Andrea Burkhart for this brief, arguing that the court violates the defendant's due process by including subsequent convictions in an offender score at resentencing.

Amicus Brief, State v. Asaria Miller (3.2022)

Resentencing – Youth, Racial Disparity

This Amicus Brief argues that courts should adopt a per se prejudice standard in post conviction relief for youth of color and highlights the disparate treatment and adultification of youth of color.

Comparability – DUI Priors from AZ and IL

This brief argues that prior DUI convictions from Arizona and Illinois are not comparable and do not count for purpose of Felony DUI. Thanks to Christopher Taylor.

Motion for Exceptional Down- Youth as Mitigation (2017)

This sentencing memo argues the court should depart down based on youth of defendant and lack of contact with police/criminal justice system. Thanks to Brooke Foley.

Retroactivity of 364 Day Maximum Sentence for Misd. (2011)

This brief argues the law reducing the maximum punishment for misdemeanors from 365 days to 364 days is retroactive. Thanks to the Northwest Defender Association in King County.

Retroactivity of I-502 (Marijuana Legalization)(2012)

This brief argues that I-502, legalizing possession of marijuana, is retroactive. Thanks to Yvonne Ward for this brief.

Exceptional Sentence FOF COL – Conduct at Low End of Range/de minimus

Judge finds conduct at low end of range in shoplift from Walmart following trespass admonishment. Thanks to Victoria Blumhorst of Spokane County Public Defense

Exceptional Sentence Down – Conduct at Low End of Range/de minimus

This brief argues for a departure from the standard range in a second degree burglary where the allegation involves shoplift at Walmart of small value items after trespass admonishment issued. Thanks to Victoria Blumhorst of Spoka...