STATE of Washington, Respondent,
v.
Timothy Michael KELLY, Petitioner.
Supreme Court of Washington, En Banc.https://leagle.com/images/logo.png
Argued February 15, 2024.
Filed December 19, 2024.
Attorney(s) appearing for the Case
Richard Wayne Lechich, Thomas Michael Kummerow, Washington Appellate Project, 1511 3rd Ave., Ste. 610, Seattle, WA, 98101-1683, for Petitioner.
Kristie Barham, Pamela Beth Loginsky, Pierce County Pros. Attorneys Office, 930 Tacoma Ave., S. Rm. 946, Tacoma, WA, 98402-2171, for Respondent.
Jessica Levin, Melissa R. Lee, Seattle University School of Law, 1112 E. Columbia St., Seattle, WA, 98122-4458, Robert S. Chang, UC Irvine School of Law, 401 E. Peltason Dr., Irvine, CA, 92617-3122, for Amici Curiae on behalf of Freedom Project, Fred T. Korematsu Center for Law and Equality.
Prachi Vipinchandra Dave, Civil Survival Project, P.O. Box 634, Port Orchard, WA, 98366-0634, for Amicus Curiae on behalf of Civil Survival.
Katherine Elizabeth Hurley, King County Dep't of Public Defense, 710 2nd Ave. Ste. 200, Seattle, WA, 98104-1703, Brian Richard Flaherty, Law Office of Brian Flaherty, P.O. Box 289, Issaquah, WA, 98027-0012, for Amicus Curiae on behalf of King County Department of Public Defense.
Mark Bruns Middaugh, Attorney at Law, 600 University St., Ste. 3020, Seattle, WA, 98101-4105, for Amicus Curiae on behalf of Washington Association of Criminal Defense Lawyers.
Jeffrey Erwin Ellis, Law Office of Alsept & Ellis, 1500 Sw. First Ave. Ste. 1000, Portland, OR, 97201-5834, for Amicus Curiae on behalf of Redemption Project of Washington.
MADSEN, J.
¶1 Timothy Kelly is one of many incarcerated individuals affected by this court's decision in State v. Blake, 197 Wn.2d 170, 195, 481 P.3d 521 (2021) (overturning Washington's former drug possession statute, RCW 69.50.4013(1)). In May 2006, Kelly was convicted of unlawful possession of a controlled substance, among other things...
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