This information is accessible to WDA members. For non-WDA members, including defense attorneys working on a Blake cases, please email wda@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.
Standard Sample Blake Vacate Order _w/Immigration Safe Language (2024)
State v. Parker, Supp Brief of Appellant (Blake Invalidates Plea Agreement)
In re Stacy- Petitioner’s Supp Brief (Challenging Bail Jump based on PCS)
Gift of Public Funds- Right to Counsel Arguments
Practice Advisory: DOC Where to Send Resentencing Questions
Practice Advisory: Appointment of Counsel in CrR 7.8(b) Motions – Amendments to CrR 3.1, 7.8
Motion to Dismiss Physical Control
Motion to Bail Jump Related to Blake (Barclay vacate and resentence 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
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
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)
Motion and Order to Remove Nonconviction Data Pursuant to Blake
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: 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 Sarah Hudson or Stacy Taeuber.
SAMPLE Defense Motion to Vacate and Correct Offender Score
SAMPLE Order Vacating and Correcting Offender Score
SAMPLE King Cty Order vacating Possession Only
DOC Attorney Client Communication Process (7.2021)
Drug Offense Disproportionality
DOC Mar 5 Memorandum Numbers Impacted Re State v. Blake
Public Equity and Justice System
Drug Possession Data and Cases Intro Letter
DOC Data re State Supreme Court Decision 69.50.4013 (3.05.21)
DOC data re State Supreme Court Decision 69.50.4013 (3.11.21)