Case law

State Of Washington v. Jeffrey David Conaway

Court of Appeals of Washington · Mar 1, 2021

-2- No. 80214-3-I/3 docket, finding that the dismissed conviction qualified as a conviction for the prior conviction element of felony exposure. … App. 708, 714, 620 P.2d 1001 (1980) (the court misstated the law when it restricted the definition of great bodily harm, therefore, the “court clearly indicated to the jury that the evidence presented at trial was insufficient

City of Seattle v. Auto Sheet Metal Workers Local 387

27 Wash. App. 669 · Court of Appeals of Washington · Nov 24, 1980

Named as defendants were all labor organizations qualified and acting as exclusive bargaining representatives for city employees. … Clearly this was not accomplished because the City must still negotiate with each bargaining unit and reach agreement as provided in state law.

John Cummings v. Seattle School District

Court of Appeals of Washington · Dec 23, 2013

The District scored Cummings as highly qualified in math in an April 2009 form. … DISCUSSION We review the factual determinations of the hearing officer under the "'clearly erroneous'" standard. Clarke v. Shoreline School Dist.

Sara Maynard, V. John And Mary Maynard, Respondent's

Court of Appeals of Washington · Nov 14, 2022

) Next, Sara argues that the trial court erred in dismissing her claims against Holmes on the basis of litigation immunity. … As for the imposition of sanctions under CR 11, we do not reverse the trial court’s finding that many of Sara’s allegations against Holmes are frivolous as they are clearly barred by the statute of limitations.

State Of Washington, V Othniel Ruiz Blancaflor And Cynthia C. Blancaflor

Court of Appeals of Washington · Aug 25, 2014

The primary issue is whether the false reporting statute clearly and unambiguously identifies the "unit of prosecution" for this felony. … RCW 51.16.060 states: Every employer not qualifying as a self-insurer, shall insure with the state and shall, on or before the last day of January, April, July and October of each year thereafter, furnish

Blair Lamothe v. Us Bank

Court of Appeals of Washington · Mar 7, 2016

Under this statute, the "custodian" and "other qualified witness" need not be the person who created the record. State v. Ben-Neth. 34 No. 72526-2-1/6 Wn. App. 600, 603, 663 P.2d 156 (1983). … However, the notice of default clearly indicated that Select was the entity to which La Mothe's payments were due. Finally, La Mothe contends that U.S.

In Re The Personal Restraint Petition Of Leon Lee Reyes

21 Wash. App. 2d 353 · Court of Appeals of Washington · Mar 15, 2022

We affirm the reference hearing findings and dismiss the PRP as untimely because Reyes fails to establish that his PRP qualifies for the newly discovered evidence exception to the statutory time bar or that his PRP is otherwise … These experts established that even before 2007, the medical community understood short falls could rarely cause serious brain injury and death.

State Ex Rel. JVG v. Van Guilder

154 P.3d 243 · Court of Appeals of Washington · Mar 5, 2007

Subsection (1)(d) of that statute is the only place where such a limitation is discussed and it qualifies that limitation, stating that a deviation is inappropriate if it "will result in insufficient funds in the household … While the father has established a need for attorney fees, he has not established that J.V.G.'s mother has the ability to pay his fees.

Planned Parenthood v. Bloedow

187 Wash. App. 606 · Court of Appeals of Washington · May 18, 2015

institutions to ‘respect the privacy of its customers’ and ‘protect the security and confidentiality of those customers’ *620 nonpublic personal information’ . . . together with the [Federal Trade Commission] rule enforcing it” qualifies … Such data can be used in proceedings in which the use of the data is clearly relevant and necessary and both the department and the patient or provider are parties. ¶29 We review statutory interpretation de novo.

TUYEN THANH MAI v. American Seafoods Co.

249 P.3d 1030 · Court of Appeals of Washington · Mar 14, 2011

credible medical testimony as to whether the seaman has reached maximum cure. [15] Thus, a seaman's right to maintenance and cure generally continues until a maximum cure determination is both unequivocal and made by a qualified … The court determined that the failure to pay cure under these circumstances "was clearly unreasonable, and even fell to the level of being arbitrary and capricious." [46] ¶ 41 Here, ASC withheld maintenance and refused to

State v. Hunsaker

74 Wash. App. 38 · Court of Appeals of Washington · May 2, 1994

According to the "terminology” section of the RPC, public defender agencies qualify as "law firms” for purposes of application of the rules. RPC Terminology; see also State v. … When a lawyer has been directly involved in a specific transaction, subsequent representation of other clients with materially adverse interests clearly is prohibited. . . .

In re the Detention of H.N.

188 Wash. App. 744 · Court of Appeals of Washington · Jul 6, 2015

She was qualified as an expert medical witness on behalf of the State. … Several of the text messages clearly indicate that H.N. was attempting suicide. And this recent suicide attempt is evidence that there is a substantial risk that H.N. will inflict physical harm on her own person.

Olympic Healthcare Services II, LLC v. Department of Social & Health Services

175 Wash. App. 174 · Court of Appeals of Washington · Jun 19, 2013

According to Olympic II, former WAC 388-76-10030 establishes that the capacity of an adult family home is calculated solely on the number of residents or people living in the home. … Under RC W 4.84.350(1), “a court shall award a qualified party that prevails in a judicial review of an agency action fees and other expenses, including reasonable attorneys’ fees.”

State v. Fenwick

164 Wash. App. 392 · Court of Appeals of Washington · Oct 18, 2011

The rationale underpinning this exception is that a “contrary rule would reward the criminal defendant bringing a meritless motion to suppress evidence that is clearly barred by binding precedent while punishing the criminal … Because his trial was completed after Gant and Patton were decided, Fenwick does not fall within the scope of the “narrow class of cases” identified in Robinson as qualifying for an exception to the general rule of issue

S.S. v. Alexander

143 Wash. App. 75 · Court of Appeals of Washington · Feb 11, 2008

Conn. 2006) (victim’s allegations of rape and sexual abuse qualify as severe, pervasive, and objectively offensive sexual harassment (citing Soper, 195 F.3d at 855)). … The effects of discrimination upon those in the protected class was clearly of concern to the 1972 Congress. Congress clearly desired to eliminate or minimize those effects.

Joe Wickersham v. State Of Washington

Court of Appeals of Washington · Oct 14, 2019

The court also dismissed the claims against Nishimura and King County.2 And it dismissed on summary judgment the Wickershams’ federal claim under § 1983 because qualified immunity shielded Willette. … do not establish that any defendant deprived them of possession of Maggie.

In Re the Estate of Bonness

13 Wash. App. 299 · Court of Appeals of Washington · Apr 22, 1975

Bonness, as nonintervention executrix, and she subsequently was appointed, qualified, and served as such until her death on June 2,1970. … Bonness was clearly acting in her fiduciary capacity as executrix with reference to the assets.

State v. Williams

148 Wash. App. 678 · Court of Appeals of Washington · Feb 10, 2009

To qualify as a cohabitant for purposes of common authority, a person must possess equal control over the premises. Id. at 18 (Fairhurst, J., concurring) (quoting State v. … As the facts here clearly demonstrate, however, the officers initially entered Graham’s room with his consent to protect Graham and to aid him in evicting his violent nephew.

Anne Jones Obo C.j., V. Maguire Darragh

Court of Appeals of Washington · Jul 28, 2025

The superior court reasoned that DeSean limited a respondent’s resort to criminal law affirmative defenses, but because a respondent’s capacity to commit a legally qualifying act is logically antecedent to an affirmative … DeSean has rejected this analysis, and directly stated that the mention of crime in the SAPOA is “clearly used to provide context for the civil remedy.” 2 Wn.3d at 337.

Lisa Earl, V. City Of Tacoma, Scott Campbell

Court of Appeals of Washington · Jun 17, 2025

The court concluded that “Campbell is entitled to qualified immunity on the Estate’s excessive force claim, Plaintiffs fail to submit sufficient evidence to establish any substantive due process claim, and Plaintiffs have … failed to establish their negligence claims as asserted in the complaint.”