Case law

State v. O'Cain

169 Wash. App. 228 · Court of Appeals of Washington · Jul 2, 2012

Contrary to respondent’s assertion, there is not a third category of witnesses, helpful to the prosecution, but somehow immune from confrontation. … In short, the decision clearly establishes that, when a defendant’s confrontation right is not timely asserted, it is lost. 5 ¶28 The Court continues to adhere to this view. 6 Last year, the Court had the opportunity to revisit

State v. Thompson

143 Wash. App. 861 · Court of Appeals of Washington · Apr 8, 2008

Restraint of Williams, 111 Wn.2d 353, 368 , 759 P.2d 436 (1988). f 12 To determine facial invalidity of a prior conviction, the sentencing court may review the judgment and sentence and any other document that qualifies as … Thompson has not established that DOC improperly modified the order, and his argument is without merit. V.

State v. Powers

99 P.3d 1262 · Court of Appeals of Washington · Nov 16, 2004

Regardless of the precise articulation, some statements qualify under any definition — for example, ex parte testimony at a preliminary hearing. … But despite this characterization, based on indicia of reliability and trustworthiness, Crawford clearly rejects the admission of testimonial statements based on "the vagaries of the rules of evidence, much less to amorphous

In Re Marriage of Ayyad

38 P.3d 1033 · Court of Appeals of Washington · Mar 19, 2002

Here, the record reflects that the options at issue are "non-qualified" (incentive) options, which are treated as wages for federal income tax purposes when exercised and cashed in. … A party challenging the award has the burden to prove that the trial court abused its discretion by making a decision that is clearly untenable or manifestly unreasonable.

Washington State Geoduck Harvest Ass'n v. Department of Natural Resources

124 Wash. App. 441 · Court of Appeals of Washington · Nov 30, 2004

Fisheries, 119 Wn.2d 464, 476 , 832 P.2d 1310 (1992). ¶36 Article I, section 12 of the Washington Constitution requires that no law grant “any citizen, class of citizens, or corporation other than municipal, privileges or immunities … RCW 77.04.012. ¶40 But the statutes clearly separate the obligations of DFW and DNR. Chapter 77.04 RCW establishes the responsibilities of DFW.

State v. Harris

97 Wash. App. 865 · Court of Appeals of Washington · Nov 18, 1999

The standard of review is clearly abuse of discretion, and for good reason. Demos, 94 Wn.2d at 736 ; State v. Mendez, 29 Wn. App. 610, 611 , 630 P.2d 476 (1981). … Evidence tending to establish a party’s theory, or to qualify or disprove the testimony of an adversary, is always relevant and admissible. Lamborn v. Phillips Pac. Chem.

State v. Hyder

244 P.3d 454 · Court of Appeals of Washington · Jan 4, 2011

Whether the Sentence Is Clearly Excessive ¶ 66 Finally, we must decide whether the trial court abused its discretion by imposing a clearly excessive sentence. [88] In Hale we held that the trial court's imposition of an exceptional … Corporation of the Catholic Bishop, 138 Wash.2d 699, 717 , 985 P.2d 262 (1999) ("Where childhood sexual abuse is at issue, even long established privileges do not apply.").

State v. Fernandez

28 Wash. App. 944 · Court of Appeals of Washington · May 5, 1981

We note that the instruction is couched in qualifying terms such as "the crime, if any, of which the defendant is accused". (Italics ours.) … It is not necessary to establish intent by direct and positive evidence but intent may be established by inference and in the same way as any other fact by taking into consideration the acts of the parties and all the facts

Kilb v. FIRST STUDENT TRANSPORTATION, LLC

236 P.3d 968 · Court of Appeals of Washington · Aug 3, 2010

Kilb claimed his discharge violated the right of employees to organize *971 and form unions, RCW 49.36.010, in contravention of Washington State's clearly established public policy against interfering with these rights, RCW … But the court qualified this rule, noting that courts strain to find Board jurisdiction in cases involving unfair labor practices even where it is unclear that all the parties are subject to the Act. [6] Hotel Employees,

Better Financial Solutions, Inc. v. Transtech Electric, Inc.

112 Wash. App. 697 · Court of Appeals of Washington · Jul 29, 2002

could reach but one conclusion.” 9 Construction of Lien Statutes BFS’s right to obtain payment under the contractor and subcontractor bonds, RCW 39.08.010, and the retainage statute, RCW 60.28.011, depends on whether BFS qualifies … who were intended to be entitled to it, for example laborers and those who furnish supplies to a public works project. 23 We will not and cannot expand the class of proper claimants beyond that which the legislature has established

Boring v. Alaska Airlines, Inc.

123 Wash. App. 187 · Court of Appeals of Washington · Sep 13, 2004

However, a discharge of an at-will employee is wrongful if done in violation of a clearly articulated public policy. Thompson v. St. Regis Paper Co., 102 Wn.2d 219, 232 , 685 P.2d 1081 (1984). … Schuttloffel, 27 P.3d 361, 367 (Colo. 2001), the primary purpose of the act is to “promote air safety through the hiring of qualified pilots.”

State v. Huynh

49 Wash. App. 192 · Court of Appeals of Washington · Aug 31, 1987

That standard is "whether the scientific principle from which deductions are made is sufficiently established to have gained general acceptance in the scientific community." State v. … The proffered testimony by Officer Ziebell was clearly hearsay and not admissible under ER 801 or any exception to the hearsay rule.

Makoviney v. Svinth

21 Wash. App. 16 · Court of Appeals of Washington · Aug 7, 1978

Clearly, the words do not pertain to an act that was done. Rather, they express the thought of the unidentified declarant that something should have been done. … Clearly, the evidence does not qualify under the res gestae criteria of Beck v. Dye, 200 Wash. 1 , 92 P.2d 1113 (1939).

State v. Bird

136 Wash. App. 127 · Court of Appeals of Washington · Nov 7, 2006

The objection was timely made and allowed the trial court to correct its error by seating a new venire for jury selection after each party exercised or clearly waived its seven peremptory challenges. … “Three requirements must be met for a statement to qualify as an excited utterance: (1) a startling event or condition must have occurred; (2) the statement must have been made while the declarant was under the stress of

Bennerstrom v. DEPT. OF LABOR & INDUSTRIES

86 P.3d 826 · Court of Appeals of Washington · Mar 29, 2004

But the money in those paychecks represented what his mother was qualified to receive for her care, not payment from DSHS to an employee. … We conclude that Bennerstrom fails to establish that he meets either prong of the Novenson test. He is not a DSHS employee. He does not qualify for workers' compensation benefits.

Victoria Tower Partnership v. City of Seattle

49 Wash. App. 755 · Court of Appeals of Washington · Nov 30, 1987

SEPA requires certain government agencies to establish environmental policies and regulations. RCW 43.21C.120. … There can be no doubt that the SEPA provisions qualify as "zoning and building ordinances".

No Ka Oi Corp. v. National 60 Minute Tune, Inc.

71 Wash. App. 844 · Court of Appeals of Washington · Dec 6, 1993

Here, NKO introduced the opinion of a qualified expert based on sales data from 300 Precision Tune franchisees around the country, as well as Precision Tune's own revenue projections in an offering circular used to sell franchises … Although some of NKO's data was based on the presence of Midas Muffler franchises in Hawaii, as well as gross-revenue figures derived from a co-owner of a defunct Precision Time franchise in Honolulu, this evidence did not clearly

Tammy Dietrich, V. Bruce Neely M.d.

Court of Appeals of Washington · Apr 3, 2023

(ii) Security Guard However, the trial court erred in extending this limited immunity to security guard Wilkins. … Haftel opined that the “recorded observations of Skyler clearly demonstrates a patient who was almost certainly having a manic, schizo-affective break and, therefore, at high risk for suicide.

Simpson Inv. Co. v. STATE, DEPT. OF REV.

965 P.2d 654 · Court of Appeals of Washington · Dec 11, 1998

But if the ambiguity concerns an exemption or deduction, the burden is on the taxpayer to establish an exemption, Deaconess Med. Ctr. v. … Simpson is clearly not engaged in banking, loan, or security businesses. The question is whether Simpson is engaged in a "financial business."

State v. Aquino-Cervantes

88 Wash. App. 699 · Court of Appeals of Washington · Oct 31, 1997

RCW 2.43.080 requires that: "All language interpreters serving in a legal proceeding, whether or not certified or qualified, shall abide by a code of ethics established by supreme court rule.” … RCW 5.60.060(2) establishes privileged communications between attorney and client. The attorney-client privilege is not absolute.