Case law

In Re The Marriage Of: Gabriel Y. Lee v. Carol Ann Kennard

Court of Appeals of Washington · Sep 16, 2013

Qualified Domestic Relations Order Kennard argues that the trial court erred by refusing to enter the QDRO as presented by her attorney. … The language of RCW 26.09.140 clearly makes an award of fees and costs discretionary.

State v. Nelson

131 Wash. App. 175 · Court of Appeals of Washington · Nov 22, 2005

. *178 ¶3 At sentencing, the State requested that the trial court order a PSI, asserting that one was required under RCW 9-.94A.500(1) because failure to register qualified as a sex offense under RCW 9.94A.030(38)(a)(i). … supporting this conclusion. ¶8 Although the legislature defined the term “sex offense” in chapter 9.94A RCW, it chose to use the term “sexual offense” rather than “sex offense” in RCW 9-.94A.500(1). 4 Thus, the legislature clearly

Milligan v. Thompson

90 Wash. App. 586 · Court of Appeals of Washington · Mar 27, 1998

In 1972, DSHS established the “Indian Desk,” later known as the Office of Indian Affairs, and appointed Milligan as Supervisor. … Exhaustion is required when: (1) a claim is cognizable in the first instance by an agency alone; (2) the agency has clearly established mechanisms for the resolution of complaints by aggrieved parties; and (3) the administrative

Buell v. Aetna Casualty & Surety Co.

14 Wash. App. 742 · Court of Appeals of Washington · Jan 8, 1976

When the facts of a given case warrant, the “odd lot” doctrine should be spelled out clearly. … The law of the case, as enunciated by the trial court’s unchallenged instruction, establishes that Mrs.

Bay v. Hein

9 Wash. App. 774 · Court of Appeals of Washington · Oct 11, 1973

In the case at bench, assuming that the fill on Bay’s land qualifies as an “improvement,” it remains nevertheless as an artificial structure or condition. … In this jurisdiction, the rule of lateral support, insofar as an “improvement” is concerned, has been clearly enunciated.

Horn v. Moberg

68 Wash. App. 551 · Court of Appeals of Washington · Feb 1, 1993

Co., supra , in all of which the Supreme Court denied review. [4] The Horns' decision to dismiss their claim against Maytag was clearly an exercise of independent business judgment. Mr. … The record in this case fails to establish legal causation between the alleged negligence of Moberg and the damages sustained by the Horns. It follows that proximate cause has not been established as a matter of law.

In Re The Welfare Of: J.b., Jr.

Court of Appeals of Washington · Dec 28, 2016

To establish element (f), DSHS must show “[t]hat continuation of the parent and child relationship clearly diminishes the child’s prospects for early integration into a stable and permanent home.” … These orders established: (1) that all six elements required for termination had been established by clear, cogent, and convincing evidence, including that continuation of the parent and child relationship clearly diminishes

Evergreen Freedom Foundation v. Locke

110 P.3d 858 · Court of Appeals of Washington · Apr 26, 2005

The state agency has the burden to establish the applicability of the relevant exceptions. … It discusses and details the program components that Boeing is clearly attempting to keep confidential.

State v. Larson

160 Wash. App. 577 · Court of Appeals of Washington · Mar 15, 2011

. ¶44 The test for ineffective assistance is well established and requires the defendant to show that “(1) defense counsel’s representation was deficient, i.e., it fell below an objective standard of reasonableness based … Significantly, Grier also recognizes that “[n]ot all strategies or tactics on the part of defense counsel are immune from attack.”

In Re The Detention Of Robert Lough

533 P.3d 1184 · Court of Appeals of Washington · Aug 14, 2023

Lough must establish that he has “so changed” through sex offender specific treatment. … These comprehensive procedural protections continue throughout commitment, including annual examinations by a qualified evaluator and the right to obtain their own qualified expert to conduct an evaluation.

Evergreen Freedom Foundation v. Locke

127 Wash. App. 243 · Court of Appeals of Washington · Apr 26, 2005

The state agency has the burden to establish the applicability of the relevant exceptions. … It discusses and details the program components that Boeing is clearly attempting to keep confidential.

State Of Washington, V Arkangel D. Howard

Court of Appeals of Washington · Dec 8, 2020

Howard still does not qualify as a persistent offender. … charged and then clearly proved beyond a reasonable doubt to a jury or admitted by the defendant.” 180 Wn.2d at 476.

State v. Newcomb

246 P.3d 1286 · Court of Appeals of Washington · Feb 17, 2011

The State argues persuasively that even if Kredlo had no possessory interest in the easement itself, he had a possessory interest in the improvements he paid for and that these improvements qualify as the "property of another … Washington law clearly provides, however, that the easement at issue created an interest in real property. McPhaden v.

Maxwell v. Department of Labor & Industries

25 Wash. App. 202 · Court of Appeals of Washington · Jan 17, 1980

Regis established such an account; it is conceivable the Department did not require it to do so. … Neither the equal protection clause nor the privileges and immunities clause requires perfection in legislative classification.

State v. Damon

16 Wash. App. 845 · Court of Appeals of Washington · Jan 31, 1977

(d) Regular counseling or psychotherapy with qualified personnel. (e) A social milieu and peer group models of acceptable behavior not too far above nor too far below his level of function or intellectual capability. … Although the Rouse decision is rather clearly based on the presence of a statute, the court did intimate that even in the absence of a statute, failure to provide treatment while confined to an institution would violate an

Gross v. Sunding

161 P.3d 380 · Court of Appeals of Washington · Jun 22, 2007

The documentation provided by Gross clearly states "ABC Legal Services, Inc. is unable to serve the defendant(s)" as late as June 9, 2005. … Only one of the qualifying grounds is needed for denial. Pelton v. Tri-State Mem'l Hosp., 66 Wash.App. 350, 356 , 831 P.2d 1147 (1992).

Arthur West, V City Of Puyallup

410 P.3d 1197 · Court of Appeals of Washington · Feb 21, 2018

This element is established even if the information only indirectly relates to the conduct of government or to government functions. Id. at 880. … Door’s position as a City Council member clearly did not require that she post on Facebook. And there is no evidence in the record that the City in any way directed that Door prepare the posts.

Nickum v. City of Bainbridge Island

153 Wash. App. 366 · Court of Appeals of Washington · Nov 24, 2009

App. 407, 408-10 , 799 P.2d 268 (1990) the bodies issuing the disputed permits failed to comply with clearly applicable statutory notice requirements. … Both Verizon and the City qualify as prevailing parties.

State v. Simms

10 Wash. App. 75 · Court of Appeals of Washington · Dec 5, 1973

The law is well established in this state, consistent with the decisions of the United States Supreme Court, that in a criminal prosecution, evidence unlawfully seized will be excluded. State v. … as follows: Confining ourselves to seizure of evidence relative to a new and independent criminal action, we believe it fairer and far more realistic that an Iowa State parolee’s Fourth Amendment rights, privileges and immunities

The State of Washington, Respondent, v. Jimi James Hamilton, Appellant

196 Wash. App. 461 · Court of Appeals of Washington · Oct 24, 2016

Kolden was a person qualified to make the observations described in the chart note. … The State never established that Dr.