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State v. Blake
The Washington Supreme Court's opinion in State v. Blake, Cause No. 96873-0 (Feb. 25, 2021), held that RCW 69.50.4013 and its predecessor statutes (collectively "RCW 69.50.4013" or "simple possession") are unconstitutional. You can read the Supreme Court Decision here.
NOTICE
The Washington State Administrative Office of the Courts has launched the Blake Refund Bureau. The Blake Refund Bureau is Washington State's official online reimbursement center for court-ordered fines or costs paid in connection with Blake-related drug possession convictions.
Individuals convicted of simple drug possession, cannabis possession and paraphernalia convictions between 1971 and 2021 can now receive qualifying financial reimbursements via the Bureau's self-guided, centralized portal.
Effective immediately, the Wahkiakum County Clerk's Office is no longer able to process refunds due to this change. All State v. Blake refund requests will be processed through the Blake Refund Bureau Portal.
Motion to Vacate Conviction Pursuant to State v. Blake
For your case to be addressed by the court, you must notify the court of your request in writing. Complete a separate form for each cause number for which you are requesting relief.
- If you have a cause number on which you were convicted of one or more counts of Simple Possession, and no other crimes: Motion to Vacate Conviction Pursuant to State v. Blake (Possession Only).
- If you have a cause number on which you were convicted of one or more counts of Simple Possession, AND other crimes: Motion to Vacate Conviction Pursuant to State v. Blake (No Resentencing). OR if you are currently in custody, please use the form marked Motion to Vacate Conviction Pursuant to State v. Blake (Resentencing Request).
- If you have a cause number on which you were convicted of crimes OTHER THAN Simple Possession, but your offender score was based on prior convictions for Simple Possession: Motion for Resentencing Pursuant to State v. Blake (Offender Score Recalculation).
Fill out each form completely and accurately. Failure to provide complete information may delay consideration of your petition. Criminal history information may be obtained from Washington State Patrol.
All drug possession convictions affected by the State v. Blake ruling will be reviewed by the Prosecuting Attorney's Office, and the Court will enter an order to vacate that will be filed with the Superior Court Clerk.
How can I find an attorney to assist me?
The following attorneys are available to assist with Blake ruling cases:
Angela Avery, Attorney
Angela Avery Law, PLLC
360-207-4616
Robert O’Neal Gower, Attorney
Gower Law Office
(971) 369-0321