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State v. Blake (Possession of Controlled Substance)

What is State v. Blake?

State v. Blake is a 2021 Washington State Supreme Court decision that ruled the felony drug possession law unconstitutional. If you were convicted of simple possession of a controlled substance under RCW 69.50.4013 (and its predecessor statutes) you may be eligible to have your conviction vacated and a refund of any legal financial obligations (LFOs) paid on these cases.

I have a case in Lincoln County that might qualify to be vacated per State v. Blake. What should I do?

Lincoln County is currently processing Orders to Vacate Convictions that qualify under State vs. Blake. There are many cases to go through, so it will take time to get through them all.

If you have questions, you may contact David Hearrean, Lincoln County Public Defender, who is going through the list of State vs. Blake cases and preparing orders for eligible defendants. His contact information is:

David Hearrean, Attorney at Law
PO Box 55
Wilbur, WA 99185
(509) 324-7840 or (509) 641-0080

How do I get my refund for the LFOs I previously paid?

If the Order Vacating Conviction is signed by the Court, and the Order states you are entitled to a refund, then that information would be sent to the Blake Refund Bureau. You would contact the Office Administration of the Courts, Blake Refund Bureau, and apply for your refund. Here is a link to their page:
Blake Refund Bureau