Case law

Andrea Moore, V. State Of Washington Dept Of Corrections

Court of Appeals of Washington · Feb 10, 2026

Second, DOC argued that it has immunity for its decisions related to supervision of parolees. … Additionally, DOC argued that it had qualified immunity for its “quasi-judicial functions.” CP at 25.

State v. We

138 Wash. App. 716 · Court of Appeals of Washington · May 22, 2007

Evidence is admissible under ER 702 if the witness qualifies as an *725 expert and the expert testimony would be helpful to the jury. State v. Baird, 83 Wn. … We must establish both deficient performance and resulting prejudice. McFarland, 127 Wn.2d at 334-35 .

State v. McAlpin

36 Wash. App. 707 · Court of Appeals of Washington · Feb 21, 1984

Deputy Sheriff Nichols and a reserve deputy named O'Neill, both qualified emergency medical technicians, overheard the dispatch and responded to the call believing they would be able to assist. … We first address McAlpin's contention that the elements of the "plain view" exception to the Fourth Amendment were not established by the evidence presented.

SUNDERLAND FAMILY TREATMENT v. City of Pasco

26 P.3d 955 · Court of Appeals of Washington · Jul 3, 2001

The court further concluded that the denial of the SUP constituted a clearly erroneous application of the law to the facts. … PMC 22.35.010 states the purpose of the home occupation chapter as follows: "A home occupation chapter is established to provide a means whereby the conduct of business may be permitted as a use accessory to an established

State v. Barron

160 P.3d 1077 · Court of Appeals of Washington · Jun 18, 2007

Clearly, "should" is not "shall." The consent letter uses both terms and could have used "shall" had the parties intended the notice requirement to be mandatory rather than merely directive. In Tennant v. … RCW 10.93.020(5) states that a reserve officer is a "[s]pecially commissioned Washington peace officer" and "does not qualify under this chapter as a general authority Washington peace officer."

Port of Seattle v. State, Dept. of Revenue

1 P.3d 607 · Court of Appeals of Washington · Jun 9, 2000

The Department concluded that the Sea-Tac airport did not qualify for the tax treatment provided in RCW 82.04.050(7). … Further, while tax statutes generally are interpreted in favor of the taxpayer, exemption statutes are construed strictly against the taxpayer, and the taxpayer has the burden of establishing any exemption.

Forster v. Pierce County

99 Wash. App. 168 · Court of Appeals of Washington · Jan 21, 2000

Disagreeing, Division Three held that RCW 9.41.040(3) applies only when it is established that the procedure included a fact-finding inquiry resulting in a finding of the rehabilitation or innocence of the felon in question … This reasoning is clearly wrong.

City of Seattle Police Department v. City of Seattle Public Safety Civil Service Commission

155 Wash. App. 878 · Court of Appeals of Washington · May 3, 2010

SPD manual provides, “In all matters of deployment of field units, the Communications Dispatcher speaks as the voice of, and with the authority of, the Chief of Police.” 9 The Commission concluded, however, that “while clearly … Its purpose is to establish a prototype law enforcement civil service system that protects employees against arbitrary and discriminatory discipline and ensures the public is served by qualified law enforcement officers by

State Of Washington v. Peter Davis

Court of Appeals of Washington · Jul 9, 2013

Specifically, Davis argues that he did not have a full understanding of his plea due to the trial court's failure to establish that he had two qualifying prior convictions for violating a court order, which is a requisite … Davis contends that the trial court failed to establish a factual basis for his guilty plea because his criminal history stipulation did not specify that his prior convictions for violating a court order were qualifying

State v. Woolfolk

95 Wash. App. 541 · Court of Appeals of Washington · Apr 12, 1999

The eventual meeting place, a fast-food restaurant, was established during a second telephone conversation between Braley and Woolfolk. … The court found this evidence insufficient to qualify the defendant as “armed” and struck the sentence enhancement. See id. See also State v. Call, 75 Wn.

State v. Bird

148 P.3d 1058 · Court of Appeals of Washington · Dec 12, 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

State v. Funkhouser

30 Wash. App. 617 · Court of Appeals of Washington · Dec 8, 1981

Judged by this standard, misappropriation of public funds clearly can be committed without keeping a false record and vice versa. … Furthermore, to provide a motive for the falsifications, the State clearly attempted to establish in its case in chief that defendant had appropriated the missing funds to his own use.

State v. Wilson

144 Wash. App. 166 · Court of Appeals of Washington · Apr 24, 2008

Richards was qualified to proceed. RP (Mar. 22, 2005) at 5. The court suggested that Ms. Richards should brainstorm with someone who had more trial experience. … Crice would be called as a witness and that she had been granted immunity.

American Civil Liberties Union v. City of Seattle

121 Wash. App. 544 · Court of Appeals of Washington · May 3, 2004

data on which a decision is based.[6] An appellate court reviews de novo a trial court’s decision about whether documents or records fall under an exemption to the Act. 7 We must determine in this case whether the lists qualify … The court noted that once the proposal became funded, the policy is clearly implemented, so the “pink sheets” would become disclosable.

JE Dunn Northwest, Inc. v. DEPT. OF LABOR & INDUSTRIES

156 P.3d 250 · Court of Appeals of Washington · Apr 16, 2007

All four violations qualified as serious violations of the Department's safety regulations. 1. Oversight of J.E. … However, that provision clearly places the burden on the employer to present evidence of the effectiveness of its safety program to the Department.

Guijosa v. Wal-Mart Stores, Inc.

6 P.3d 583 · Court of Appeals of Washington · Aug 11, 2000

RCW 9A.16.080 clearly provides that a storeowner may detain a suspected shoplifter and wait for the police to arrive, without facing criminal liability. … Wal-Mart clearly raised the issue, and, as a j.n.o.v. is the correct remedy, we need not address any issue of waiver.

Francom v. Costco Wholesale Corp.

991 P.2d 1182 · Court of Appeals of Washington · Feb 29, 2000

Whether and in what circumstances a company can make this the exclusive channel for complaints about harassment we need not decide in this case; but what is certain is that if the company fails to establish a clearly marked … However, in Wheeler the employer's liability for handicap discrimination was based on its failure to rehire the plaintiff to positions for which she was qualified. Id. at 561-65 , 829 P.2d 196 .

Kimberly Gerlach v. The Cove Apartments

437 P.3d 690 · Court of Appeals of Washington · Mar 18, 2019

The Supreme Court held that Peralta's admission was clearly an admission of intoxication under RCW 5.40.060(1). Peralta, 187 Wn.2d at 899. … Vincenzi was a qualified expert as to the effects of alcohol upon the human body. Dr.

Modern Supply Co. v. Federal Savings & Loan Insurance

50 Wash. App. 194 · Court of Appeals of Washington · Dec 30, 1987

Thus we conclude that Congress clearly expected *209 creditors' suits against FSLIC as receiver to be heard and adjudicated in court. Morrison-Knudsen Co., at 1221. … It has not established its case. [ North Miss.

State ex rel. Munroe v. City of Poulsbo

109 Wash. App. 672 · Court of Appeals of Washington · Jan 4, 2002

And, as Munroe argues, we will not construe a statute in derogation of the common law absent a clearly expressed legislative intent to do so. Price v. Kitsap Transit, 125 Wn.2d 456, 463 , 886 P.2d 556 (1994). … Nothing in these statements suggests a qualified resignation or an expectation of formal action by the Council to accept her “tender.”