- State v. Blake Information
State v. Blake Information
What is State v. Blake?
On February 25, 2021, the Washington State Supreme Court issued an opinion in State v. Blake, Cause No. 96873-0, declaring RCW 9.50.4013 regarding simple drug possession unconstitutional. As such, you may be eligible to have your conviction(s) vacated and/or be re-sentenced on your case(s). Legal financial obligations (LFOs) assessed and paid as a result of the vacated convictions may be eligible for a refund.
Do I need to do anything to vacate my drug possession conviction?
No, all drug possession convictions impacted by the State v. Blake ruling in Gig Harbor Municipal Court will be reviewed by the Prosecuting Attorney and the Court will enter an order to vacate.
What happens after my conviction is vacated?
Once a vacate order is entered the clerk will update the court record and send a copy of the order to Washington State Patrol to update their records.
Who is eligible for a refund?
Refunds are ordered when the only conviction(s) on a case is for drug possession. Any LFOs paid on that case can be refunded to the defendant after an application is received and approved by the court.
Cases with a drug possession conviction and any other conviction may not be eligible for a refund through this process. If you believe a refund should be ordered, please consult with your attorney or contact the Department of Assigned Counsel at:
- email: email@example.com
- phone: (253) 798-6062
How do I request a refund?
- Verify an order to vacate the conviction has been entered in your case(s).
- If you have previously paid LFOs on the case(s), you can request a refund in any of the three methods below:
- Email: Send a completed application form and proof of identity to: firstname.lastname@example.org
- Mail: Download, print, and complete the application, provide proof of identity, and mail it to the address below.
- In Person: Visit our office to complete the application and show proof of identity.
How will I receive my refund?
Once the court has approved a refund application, refunds will be issued by check.
Instructions to apply for a refund of LFOs paid on cases impacted by the State v. Blake Supreme Court Decision
Once an Order Vacating Conviction and Dismissal is signed by the court and filed, you may request a refund of any previously paid LFOs. Below are the steps and additional information needed by the clerk to process your refund application.
STEP 1: Complete the Application
The Blake Refund Application form can be downloaded here: Blake Refund Application Form
STEP 2: Provide Proof of ID
A copy of one (1) of the following: (must be valid with photo)
• Driver’s License, Instruction Permit, or state-issued ID Card
• Valid Washington State Temporary Driver’s License
• U.S. Armed Forces I.D. Card
• Merchant Marine I.D. Card issued by the U.S. Coast Guard
• Official Passport, Passport Card, NEXUS Card
• Washington State Tribal Enrollment Card (No expiration date required)
A copy of two (2) of the following:
• Expired WA driver’s license, ID card, or permit
• Cell phone bill or statement
• Home utility or service document (bill, statement, hook-up order, etc.)
• Bank or credit card document (statement, card mailer, etc.)
• School transcript or report card.
• DSHS benefits letter (medical, food, etc.)
• Tribal ID
• Proof of home ownership (mortgage documents, property tax documents, deed, title, etc.).
• Selective Service Card
• Concealed weapons permit from a WA county (license to carry a concealed pistol)
• Homeowner's or renter's insurance policy
• Auto insurance policy, declarations page, or binder
• Consulate ID card or Mexican Federal Electoral card
• Paycheck or pay stub with the employer's name and phone number or address
• Washington professional license (nursing, physician, engineer, pilot, etc.)
• W-2 form from an employer or form 1099
• Letter attesting residence in alternate housing (e.g. assisted living, college campus, mission, senior housing, shelter, or retirement home) on company letterhead with a phone number that could be used in verification of the facility
If your name has changed and doesn’t match the defendant’s name on the case(s), you must provide documentation showing your previous and new name. Examples of this are:
• Certified copy of a court order showing your change of name
• Certified copy of divorce decree showing the new name or authorizing a name change
• Marriage certificate (including same-sex marriage certificate) that has been filed with the county or authorized issuing authority and has the control or file number.
STEP 3: Send to the Clerk
Email the completed Application and acceptable proof of ID to: email@example.com
Drop Off or Mail to:
Gig Harbor Municipal Court
Attn: Blake Refunds
3510 Grandview Street
Gig Harbor, WA 98335
STEP 4: Confirmation of Refund
Once the Clerk has received your application and confirmed your identity, they will review the case(s) for an Order Vacating the Conviction and Dismissing the Charges and calculate the refund, if any. If a refund is due, the refund will be issued by check.
Not all cases are eligible for a refund through this application process. Below are some common scenarios and what you will receive from the Clerk.
- Cases with no eligible convictions – The Clerk will mail a letter indicating that none of the convictions for the case(s) are eligible for a refund.
- Cases with drug possession and other convictions - The Clerk will mail a letter indicating other convictions remain on the case. A separate order identifying the specific LFOs that are to be refunded is required.