Case law

Brown v. Brown

157 Wash. App. 803 · Court of Appeals of Washington · Aug 23, 2010

He testified that sometime in 2003 or 2004, Dottie arranged for them to meet with a “representative of a reverse mortgage company” 3 who “explained the whole thing about the reverse mortgage and what you had to do to qualify … And no other section clearly contains private “rights-creating” language.

Fisheries Engineers, Inc.,, V. State Of Washington

Court of Appeals of Washington · Feb 7, 2023

Thus, Tappel is required to show an invasion of a legally protected interest to establish an injury in fact. Id. … He does not establish that forest practices engineers who work for the Department of Natural Resources serve the same constituency that he does.

Yeamans v. Knowles

117 Wash. App. 593 · Court of Appeals of Washington · Jul 14, 2003

Paternity was established through a parentage action. Knowles is a recovering alcoholic and has had limited ability, due to her alcoholism, to care for Brianna until recently. … The court, however, also expressed concerns about the Grubers’ contentious behavior and found them marginally qualified as caregivers.

State v. Price

126 Wash. App. 617 · Court of Appeals of Washington · Feb 23, 2005

But Price was required to establish likely prejudice; the burden is not on the court. … Sheaffer, was established by introducing the 1998 criminal complaint, the injury was established by the deputy’s testimony, and Price’s culpability was established by sufficient evidence in his statement on plea of guilty

State v. Pulfrey

86 P.3d 790 · Court of Appeals of Washington · Feb 23, 2004

qualified for diversion. … Testimony at the ensuing suppression hearing established that although Thomas had once been listed by police as a gang member affiliate, his name had since been removed from the list. Id.

In Re Yeamans

72 P.3d 775 · Court of Appeals of Washington · Jul 14, 2003

Paternity was established through a parentage action. Knowles is a recovering alcoholic and has had limited ability due to her alcoholism to care for Brianna until recently. … The court, however, also expressed concerns about the Grubers' contentious behavior and found them marginally qualified as caregivers.

State v. O'NEILL

967 P.2d 985 · Court of Appeals of Washington · Jul 27, 1998

The instruction's last paragraph plainly states that the defense is established if these two elements are met. … The "reasonable amount of persuasion to overcome reluctance" language is clearly designed for the typical undercover or sting operation.

Schlosser v. Bethel School District

183 Wash. App. 280 · Court of Appeals of Washington · Aug 26, 2014

If a teacher’s performance is not satisfactory, the school must establish a probationary period of 60 school days. … The District argues that the evidence from several educators consistently showed that Schlosser was not qualified and that the Superintendent properly decided against renewing her teaching contract.

State Of Washington, V. Jodie Dean

Court of Appeals of Washington · Aug 3, 2021

Wentz established that the ordinary meaning of “fenced area” clearly includes an area that is completely surrounded by a fence. 149 Wn.2d at 352. The court in Engel did not contradict this holding. … There is no indication that the court intended to establish a broad rule requiring that a completely enclosed area be the curtilage of a building to constitute a “fenced area.”

State v. Messenger

8 Wash. App. 829 · Court of Appeals of Washington · Apr 24, 1973

Ron Dixon’s testimony concerning defendant’s proposal that they kill each other’s wife was clearly admissible to show intent to commit murder. … While this testimony was part of the context of his meeting with this lady, the solicitations themselves do not go toward establishing any ingredient of the offense.

State v. Woo Won Choi

55 Wash. App. 895 · Court of Appeals of Washington · Nov 6, 1989

Most importantly, he was able to clearly express his defense that he believed the victim was reaching for a gun, and that he shot wildly without intent to kill. … Former RCW 9A.36.010 requires that in order to establish first degree assault, the intent to kill must be shown.

Randall & Denise Olsen v. Chelan County

Court of Appeals of Washington · Jun 27, 2023

Finally, a “clearly erroneous” determination under (d) requires us to apply the law to facts. Id. … The provision states that an STR “shall be considered lawfully established and existing and allowed to continue to operate as a legally nonconforming use” if the owner demonstrates that seven requirements are met.

State v. Gosser

33 Wash. App. 428 · Court of Appeals of Washington · Dec 16, 1982

However, the defendant could not establish which jurors, if any, saw the defendant at that time. The record does not make clear when this occurred. The motion was denied. … Reed, C.J., and Worswick, J., concur. 1 See Annot., 72 A.L.R.3d 895 (1976), for a discussion of law enforcement officers as qualified jurors in criminal cases. 2 RCW 9A.28.020 states in part: "Criminal attempt. (1) A person

City Of Issaquah, V. Westridge-issaquah Ii Lp

500 P.3d 157 · Court of Appeals of Washington · Dec 6, 2021

The development agreement herein, which was entered into in June 1996, established a build-out period of 20 years: A “Buildout Period” of twenty (20) years following first final plat approval is established … The court therein reasoned that a transportation impact fee did not qualify as a “land use control ordinance” because it neither limited the use of land nor resembled a zoning law: The right that vests, according

Pope & Talbot, Inc. v. Productization, Inc.

74 Wash. App. 197 · Court of Appeals of Washington · May 11, 1994

The trial court’s unchallenged findings of fact establish that Pope was working on its own land, and that it was not constructing an improvement for the purpose of selling the improved property. … However, the superior court clearly has jurisdiction over cases of this type. Const, art. 4, § 6 (amend. 6); Pedersen v. Klinkert, 56 Wn.2d 313, 320 , 352 P.2d 1025 (1960).

Detention Of C.A.A.

Court of Appeals of Washington · Jul 30, 2024

Considerations involved with the SVPA—that is, whether a person qualifies as a sexually violent predator—are very different than whether a person should be committed for treatment of behavioral health disorders under the … And former RCW 10.77.068 clearly contemplates that the state hospital will have 14 days to offer admission to a defendant committed under former RCW 10.77.086(5).

King County v. Squire Investment Co.

59 Wash. App. 888 · Court of Appeals of Washington · Jan 18, 1991

The authorities and cases discussed above clearly support construing the Squire deed as an easement. In Veach v. … The court qualified the general rule, however, by holding that it is rebutted when "a deed refers to the right of way as a boundary but also gives a metes and bounds description of the abutting property".

State v. Wallin

105 P.3d 1037 · Court of Appeals of Washington · Feb 7, 2005

Wallin frequented the establishment, lingering to chat with the girl, and bringing her cards and gifts. … The court sentenced Wallin to life without the possibility of parole, finding that because of his 1994 conviction, the current convictions qualified him as a persistent offender. Wallin appeals.

State v. Wallin

125 Wash. App. 648 · Court of Appeals of Washington · Feb 7, 2005

Wallin frequented the establishment, lingering to chat with the girl, and bringing her cards and gifts. … The court sentenced Wallin to life without the possibility of parole, finding that because of his 1994 conviction, the current convictions qualified him as a persistent offender. ¶11 Wallin appeals.

James Saling, V Gaither & Sons Construction, Co.

Court of Appeals of Washington · Sep 16, 2019

The worker sued Western Operations, and Western Operations claimed immunity under the Act. … Therefore, the acknowledgment in the ETA does not establish consent as a matter of law. Gaither’s argument is unpersuasive.