Washington Supreme Court considers whether defendants can withdraw pleas after Blake decision

The Washington Supreme Court heard argument June 27, 2024, in State v. Nicole Marie Williard over whether a defendant who pleaded guilty under a statute later declared unconstitutional may withdraw the plea. Petitioner counsel Aaron Moody asked the court to remand with instructions allowing Williard to withdraw an indivisible plea, while respondent counsel Joseph Jackson argued the Court of Appeals correctly found the pleas voluntary and that vacating the unlawful-possession count was the appropriate remedy.

Moody told the court that Williard concedes the codified simple-possession offense existed in 2003 but that the central question is whether a defendant who "agree[s] to be convicted and punished under a statute that completely exceeded the state's legitimate police power" may nonetheless be held to that…