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STATE v. OLSEN

No. 102131-3.

555 P.3d 868 (2024)

STATE of Washington, Respondent, v. Christopher Lee OLSEN, Petitioner.

Supreme Court of Washington, En Banc.

Filed September 12, 2024.

Attorney(s) appearing for the Case

Jodi R. Backlund, Manek R. Mistry, Backlund & Mistry, P.O. Box 6490, Olympia, WA, 98507-6490, for Petitioner.

Joseph James Anthony Jackson, Thurston County Pros. Attorney's Office, 2000 Lakeridge Dr. Sw. Bldg. 2, Olympia, WA, 98502-6045, for Respondent.

Edward Charles Klein, Civil Survival Project, P.O. Box 634. Port Orchard, WA, 98366-0634, for Amici Curiae on behalf of Civil Survival Project, Washington Association of Criminal Defense Lawyers, The Way To Justice, King County Department of Public Defense.

Magda Rona Baker, Washington Defender Association, 810 3rd Ave. Ste. 258, Seattle, WA, 98104-1647, for Amicus Curiae on behalf of Washington Defender Association.

Brent Jordan Low, Attorney at Law, P.O. Box 2728, Seattle, WA, 98111-2728, David Ventura Montes, Attorney at Law, 300 Deschutes Way Sw. Ste. 208, Tumwater, WA, 98501-7719, La Rond Baker, American Civil Liberties Union of Wash., P.O. Box 2728, Seattle, WA, 98111-2728, for Amicus Curiae on behalf of Aclu of Washington Foundation.

¶1 In State v. Blake, 197 Wn.2d 170, 481 P.3d 521 (2021), this court declared Washington's strict liability drug possession statute unconstitutional, resulting in the invalidation of convictions under the statute. This case requires us to decide whether the invalidation of a prior drug possession conviction allows an untimely...

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