State v. Blake Resou...

Blake Resources for Defenders

This information is accessible to WDA members. For non-WDA members, including defense attorneys working on a Blake cases, please email Ali Hohman at Ali@defensenet.org

** NOTE FOR NONCITIZEN CLIENTS:  If your client is not a United States citizen, see the Blake Materials for Noncitizen Clients tab below. Constitutional Padilla obligations require affirmative, accurate immigration advice in every case. Consultation with WDA’s Immigration Project, before taking action is a key step to ensure Blake-related motions and orders effectively eliminate immigration consequences (such as deportation) for your client.

Motions and Practice Advisories

Motion to Bail Jump Related to Blake (Barclay vacate and resentence motion)

Opinion Granting Dismissal of Bail Jump Related to Blake by Judge Basden Clallam County (Hagen Opinion) 

Opinion Granting Dismissal of Bail Jump Related to Blake by Judge Erikson Clallam County (Barclay Opinion)

Bail Jump and Blake Motion

Motion to Vacate Inchoate Offense – St. v. Blake (9.2021)

Cowlitz- Motion Opposing Refiling Charges re Resentencing Blake case

Motion to Dismiss Possession of Legend Drug Pursuant to Blake

Practice Advisory: Eliminating the Immigration Consequences of Drug Possession Convictions After State v. Blake

Motion:  Vacate Inchoate (Anticipatory) Offenses Pursuant to Blake

Motion: Possession of marijuana under 21 statute unconstitutional

Motion: Possession of drug paraphernalia ordinance unconstitutional

Practice Advisory – Blake Flow Chart

Practice Advisory: Getting Back into Court to Reduce Prison Time-Offender Score

Practice Advisory: Challenging Search Incident to Arrest-State v. Blake

Practice Advisory: Challenging Search Warrants After State v. Blake

Reearch Memo: Blake and LFOs

Practice Advisory: Defending Noncitizens Facing Drug Charges After Blake and SB 5467

Blake Research Memo – Defense Objects to State Motion to Vacate

Blake Research Memo – Double Jeopardy Protections and Blake Motions to Vacate/Resentence

Practice Advisory: The Blake Bill Overview- Highlights for Defenders

Practice Advisory: Statute of Limitations

Practice Advisory: Limits on Prosecutors’ Charging Decisions

Practice Advisory: DOC Authority to Correct Unlawful Sentence

Practice Advisory:  Prior Convictions and St v. Blake: Voidness Analysis 

Blake Research Memo re Resentencing Strategy Post Blake

Sample Motion to Resentence – Blake

Sample Motion: CrR 7.8( b) Blake Motion for New Trial  – PCS part of Indivisible Plea 

Sample Motion to Appoint Counsel Re: State v. Blake

Sample Motion to Dismiss Use of Drug Paraphernalia Based on Blake

Sample CrR 7.8(b) Motion to Resentence -Blake

Sample Motion to Vacate – Blake

Sample Order of Vacating Generally

Sample CrR 7.8 Motion for Relief and Resentencing

Sample CrR 3.6 Brief -Unlawful Search While on Comm. Custody for PCS- Blake

Sample Brief (PRP), Opening Brief re Blake/Challenge to UPFA Based on PCS

Principles and Leading Cases on Procedures in Personal Restraint Petitions (PRPs)

Blake Materials for Noncitizen Clients

Using Blake to Eliminate Immigration Consequences

A possession of a controlled substance (PCS) conviction triggers deportation and other severe immigration consequences. Effectively vacating PCS convictions pursuant to Blake’s determination that RCW 69.50.4013 is unconstitutional can eliminate these consequences.  NOTE: Resentencing without vacation will not eliminate immigration consequences.

Immigration law only recognizes vacations “based on a legal or procedural defect in the original proceedings.” Blake satisfies this requirement. However, because immigration authorities, including judges, will be unfamiliar with Blake, it is imperative that defenders ensure that motions and orders not just cite to the decision, but expressly state that the PCS conviction is unconstitutional based on Blake’s holding.

Many courts are already issuing orders that include this statement. If your jurisdiction is not, it is imperative that you reach out to prosecutors and/or courts to make the necessary addition to Blake orders.  NOTE: this is not a “special” accommodation particular to noncitizen cases. Rather it makes a minor, noncontroversial change in all orders.

BEST PRACTICE: Since immigration consequences are case-specific, consult with WDA’s Immigration Project, or another experienced immigration attorney, before making  decisions or recommendations regarding vacating or resentencing.

Practice Advisory: Eliminating the Immigration Consequences of Drug Possession Convictions After State v. Blake

Practice Advisory: Defending Noncitizens Charged with Drug Possession

Below are links to sample Blake motions and orders that contain the necessary language to make them effective for immigration purposes and can (and should) be used in all cases. (Washington law prohibits judges and prosecutors from inquiring into immigration or citizenship status and such inquiry is not necessary or relevant to Blake orders.) If you have any questions or would like WDAIP to review any proposed order to ensure its effectiveness, please contact Annie Benson or Stacy Taeuber.

SAMPLE Defense Motion to Vacate and Correct Offender Score

SAMPLE Order Vacating and Correcting Offender Score

SAMPLE WAPA Motion and Order

SAMPLE WAPA Order

SAMPLE King Cty Order vacating Possession Only

SAMPLE King Cty Order vacating possession with other counts

SAMPLE King Cty Juvenile Ct Order vacating dispo_poss only