Case law

State v. Saunders

120 Wash. App. 800 · Court of Appeals of Washington · Mar 24, 2004

In Green, the State had to prove kidnapping, an uncharged offense, to establish an element of the charged crime of aggravated first degree murder. … And even if the form of the oath were defective, the trial judge would qualify as a de facto officer. See State v.

State Of Washington v. Tommie Lee Davis

418 P.3d 199 · Court of Appeals of Washington · May 29, 2018

Courts are limited to "consideration of facts that might have supported a prior conviction to only those facts that were 15 No. 75610-9-1/16 clearly charged and then clearly … But this statement omits qualifying language in Lavery that in performing this factual inquiry: 'the elements of the charged crime must remain the cornerstone of the comparison.

State v. Rafay

168 Wash. App. 734 · Court of Appeals of Washington · Jun 18, 2012

Miyoshi entered into an immunity agreement and in August 2003 participated in a videotaped preservation deposition that was played at trial. ¶32 After a series of delays caused in part by the need to appoint new attorneys … Burns clearly attempted to leverage the incident to a more lucrative relationship with the organization.

State v. McKague

246 P.3d 558 · Court of Appeals of Washington · Jan 19, 2011

established if a person acts intentionally or knowingly." … felony with a possible life sentence under RCW 9A.20.021(1)(a), and finding McKague guilty of third degree theft (a gross misdemeanor) and second degree assault (a class B felony), the jury who sat in judgment of McKague clearly

Goehle v. Fred Hutchinson Cancer Research Center

100 Wash. App. 609 · Court of Appeals of Washington · Mar 20, 2000

The appellate court will only review a claimed error which is included in an assignment of error or clearly disclosed in the associated issue pertaining thereto. … To limit the damage award, the employer must first establish that the misconduct was of such severity that the employee would have been terminated on the basis of the misconduct alone if the employer had known of it.

Albice v. Premier Mortgage Services of Washington, Inc.

157 Wash. App. 912 · Court of Appeals of Washington · Sep 28, 2010

Albice/ Teccas also moved for summary judgment, arguing that the foreclosure sale should be set aside as void because (1) Premier was not a qualified trustee with authority to conduct the sale and (2) the sale occurred after … Where, as here, the deed contains legal conclusions but not factual recitals that establish compliance with RCW 61.24.040(7), we decline to extend protection to a purchaser beyond what the legislature clearly intended.

Nelson v. Appleway Chevrolet, Inc.

121 P.3d 95 · Court of Appeals of Washington · Oct 13, 2005

In Van Eck , the purchaser of petroleum products was not allowed to bring an action to challenge the assessment of a sales tax on the gross earnings of petroleum products because the purchaser did not qualify as a "taxpayer … Nelson's claim for monetary relief clearly predominates over his request for declaratory relief. ¶ 63 Does Mr. Nelson have standing to represent the class? The trial court concluded that Mr.

One Pacific Towers Homeowners'ass'n v. Hal Real Estate Inv.

30 P.3d 504 · Court of Appeals of Washington · Sep 4, 2001

But that does not strip one who fails to record of its declarant status, if that person so qualifies. … Nothing in the record establishes that any other entity had the "right to acquire" any condominium, by sale agreement or otherwise.

Kitsap County v. Central Puget Sound Growth Management Hearings Board

138 Wash. App. 863 · Court of Appeals of Washington · May 30, 2007

Deference to county action under the GMA ends only if its actions are “clearly erroneous” applications of the GMA. … Only in 1997 did it establish specific deadlines for the first broader review and update of complete comprehensive plans, and then that deadline was September 1, 2002. Laws of 1997, ch. 429, § 10.

Kitsap County v. CENTRAL PUGET SOUND BOARD

158 P.3d 638 · Court of Appeals of Washington · May 30, 2007

Deference to county action under the GMA only ends if its actions are "clearly erroneous" applications of the GMA. … Only in 1997 did it establish specific deadlines for the first broader review and update of complete comprehensive plans, and then that deadline was September 1, 2002. Laws of 1997, ch. 429, § 10.

R.B. v. C.W.

188 Wash. App. 799 · Court of Appeals of Washington · Jul 7, 2015

Because CW is TAW’s biological parent, he clearly had standing and a statutory right to participate in the termination proceedings and this appeal. … shall apply.” 25 U.S.C. § 1912 (f) states, “No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified

Personal Restraint Petition Of Hach Pheth

Court of Appeals of Washington · Jan 24, 2022

Because] the trial transcript is in English, [ ] errors in interpretation will not be manifest unless a party has repeatedly complained about the inaccuracy of the interpretation.”); Marina Hsieh, “Language-Qualifying … But that limited information does not clearly establish that Pheth’s trial counsel actually threatened to withdraw if Pheth expressed his concerns to the trial court regarding his inability to understand

Costanich v. Department of Social & Health Services

138 Wash. App. 547 · Court of Appeals of Washington · Jan 29, 2007

erroneously interpreted or applied the law, (3) the agency failed to follow a prescribed procedure, or (4) the order is inconsistent with a rule of the agency. 4 The party challenging an agency’s decision has the burden of establishing … Attorney Fees ¶20 The superior court awarded Costanich attorney fees under the EAJA, RCW 4.84.350, which provides in relevant part: (1) Except as otherwise specifically provided by statute, a court shall award a qualified

One Pacific Towers Homeowners' Ass'n v. HAL Real Estate Investments, Inc.

108 Wash. App. 330 · Court of Appeals of Washington · Sep 4, 2001

But that does not strip one who fails to record of its declarant status, if that person so qualifies. … Nothing in the record establishes that any other entity had the “right to acquire” any condominium, by sale agreement or otherwise.

In The Receivership Of: Applied Restoration, Inc.

Court of Appeals of Washington · Dec 4, 2023

However, when a party makes repeated conditional threats to withhold payment due under a contract, such conduct may qualify as repudiation of the contract and an anticipatory breach that justifies the other party walking … As already established, that doctrine has no bearing in this context. III.

Nelson v. Appleway Chevrolet, Inc.

129 Wash. App. 927 · Court of Appeals of Washington · Oct 13, 2005

In Van Eck , the purchaser of petroleum products was not allowed to bring an action to challenge the assessment of a sales tax on the gross earnings of petroleum products because the purchaser did not qualify as a “taxpayer … Nelson’s claim for monetary relief clearly predominates over his request for declaratory relief. ¶63 Does Mr. Nelson have standing to represent the class ? The trial court concluded that Mr.

Spokane County v. GROWTH MNGMT. HEARINGS

250 P.3d 1050 · Court of Appeals of Washington · Mar 7, 2011

A hearings board does "not have jurisdiction to decide challenges to site-specific land use decisions because site-specific land use decisions do not qualify as comprehensive plans or development regulations." Woods v. … And clearly it is. The challenged action was in fact legislative; it involved an amendment to a comprehensive plan.

Chandler v. Office of the Insurance Commissioner

141 Wash. App. 639 · Court of Appeals of Washington · Jul 30, 2007

This clearly requires an applicant to disclose reported consumer unhappiness with his behavior no matter what name other states use to designate it. … In addition, Chandler’s conduct clearly falls within the range of conduct proscribed by RCW 48.17-.530(l)(h).

State Of Washington v. Cristian Delbosque

430 P.3d 1153 · Court of Appeals of Washington · Dec 4, 2018

Schreiber testified that Delbosque was currently classified as medium security and would qualify for minimum security except for the term of his sentence and an immigration detainer. … Heavin’s testimony clearly establish that the diminished culpability of youth relates to juveniles underdeveloped executive brain functioning, including increased risk taking, failure to appreciate consequences and responsibility

Chuckanut Conservancy v. Department of Natural Resources

156 Wash. App. 274 · Court of Appeals of Washington · May 24, 2010

. ¶24 The agency conducts a threshold process to decide whether an action qualifies as a major action significantly affecting the quality of the environment. 17 The agency considers mitigation measures the applicant will … We review the agency action, not the decision of the superior court. 22 A threshold determination that an EIS is not required is reviewed under the “clearly erroneous” standard. 23 A court will overturn a DNS only when “