On February 25, 2021, the Washington State Supreme Court decided State v. Blake, No. 968373-0, 481 P.3d 521 (2021). In that decision, the Court determined that the controlled substance offense under RCW 69.50.4013(1) violated the Constitutions of the United States and the State of Washington. This decision impacts certain convictions for possession of controlled substances convictions, e.g., possession of methamphetamine, possession of heroin, etc. It does not impact the validity of convictions for drug offenses beyond simple possession (e.g., possession with intent to deliver or other controlled substances violations like manufacturing or delivery). It may however affect sentences on other offenses in which the criminal history included a simple possession conviction.
If you believe you have a Whatcom County conviction that is impacted by the Blake decision, you may file the form below with our office to seek relief. Whether or not you will be entitled to some type of relief will depend on the facts of your case. In addition, if the conviction was the result of plea negotiations, the original charges might be reinstated and prosecuted.
Please fill provide as much of the information below so that our office can review your request in as timely a manner as possible. Please be advised that our office is receiving numerous requests for relief related to the Blake decision, and we are working to process them as quickly as possible, but it may take some time to respond to your request. Please also be advised, if you are working with an attorney to process your request for relief related to the Blake decision, do NOT use this form, and do not contact our office directly as we are only entitled to communicate with your attorney if you are represented in this matter.
Please provide an alternate means of contacting you: an email address and / or phone number with area code.
Please enter your date of birth in the format: dd/mm/yy.
I understand that by submitting this form, I am indicating that I am not currently represented by counsel and am acting pro se (on my own). I also understand that I am not required to submit this form and can, if I choose, present matters directly to the Court either through an attorney or pro se. In some circumstances, I might qualify for counsel (possibly at public expense), but I am choosing to use this form instead. I understand the Whatcom County Prosecutor’s Office will conduct a criminal history check if the relief sought includes resentencing. I understand the Whatcom County Prosecutor’s Office does not represent me in this matter and is prohibited by law from providing legal advice regarding this, or any other, matter, criminal or civil.
I further agree the Whatcom County Prosecutor’s Office is providing this service as a courtesy in the interests of justice and may cease to assist in the process at any time. If you haven’t heard from us within 30 days of your having submitted this form to our office, you should contact us at [email protected].
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