Case law

Does 1, 2, 4, 5, Appellants/cross-respondents V. Sam Sueoka, Respondents/cross-appellants

Court of Appeals of Washington · Jun 26, 2023

Yakima Herald-Republic, 170 Wn.2d 775, 808, 246 P.3d 768 (2011) (addressing the argument that provisions of the United States Constitution qualify as “other statutes”). … Indeed, “[i]n the political realm . . . thought and action are presumptively immune from inquisition by political authority.”

Department of Fisheries v. DeWatto Fish Co.

34 Wash. App. 135 · Court of Appeals of Washington · Mar 2, 1983

Although treaty Indians selling fish to an original receiver in this state are not expressly exempted from payment of the fish sales tax, the State concedes that treaty Indian fishermen are, in fact and in practice, immune … The sole constitutional challenge on appeal is aimed at establishing the element of discrimination under (c).

Debbie Buchanan v. Passages Family Support

Court of Appeals of Washington · Aug 7, 2025

If a defendant moves for summary judgment based on the absence of competent medical evidence to establish a prima facie case, the burden shifts to the plaintiff to produce testimony from a qualified expert witness alleging … specific facts establishing a cause of action.

In Re Marriage of Treseler and Treadwell

187 P.3d 773 · Court of Appeals of Washington · Jul 10, 2008

In actuality, the minority opinion in Rufer concurred in part and dissented in part. [20] On the issue of whether courts should apply a different standard to irrelevant documents, the opinion was clearly in dissent from the … We disagree. ¶ 21 The Ishikawa factors require a trial court to analyze: (1) whether the proponent of sealing has established a "serious and imminent threat to some . . . important interest"; (2) whether everyone present

Bsre Point Wells, Respondent/cross-app V. Snohomish County, Appellant/cross-resp

Court of Appeals of Washington · Dec 27, 2022

Proximity is clearly insufficient; functional access is key. … Fourth, and relatedly, BSRE’s interpretation ignores the prior additional qualifying phrase that the increase must be “necessary or desirable.” Former SCC 30.34A.040(1).

Olympic Healthcare Services Ii, V Dshs State Of Wa.

Court of Appeals of Washington · Jun 19, 2013

Such a result would clearly undermine the purpose of regulating the capacity of an adult family home. … 350( 1 8 ), " court shall award a qualified

Harberd v. City of Kettle Falls

84 P.3d 1241 · Court of Appeals of Washington · Feb 26, 2004

Harberd's objective was to establish the City's public utility status to support his breach of contract claim. Consequently, Mr. … The waiver language clearly contemplates issues such as water contamination and damage to the affected lots.

Wa Federation Of State Employees, Resps V. Freedom Foundation, App

Court of Appeals of Washington · Mar 28, 2022

“Individuals have a clearly established right under the substantive component of the Due Process Clause to personal security and to bodily integrity, and this right is fundamental where the magnitude of the liberty deprivation … And the Unions offered the evidence to establish the fact that disclosure would jeopardize the public employees’ safety, not to establish the Unions’ motivation for seeking an injunction.

Northshore Investors, Llc, Apps./cross-res. v. City Of Tacoma, Res./cross-apps.

Court of Appeals of Washington · Apr 30, 2013

Here, the facts " arallel those our Supreme Court clearly contemplated in Habitat Watch. … Northshore argues that the qualifying phrase in this provision, whenever such findings and conclusions are different from those of the " 16

In re the Custody of: Z.C.

191 Wash. App. 674 · Court of Appeals of Washington · Dec 15, 2015

's medical records, asserting that "[h]e has had all his immunizations," had "made all his well baby checks," and "the reports indicate he is thriving." CP at 276-77; 291-314. … But it was only because "the trial court's findings and its oral ruling clearly establish that it applied the heightened actual­ 32 No. 32431-1-111 In re Custody ofZ.

Gartner, Inc. v. Wa State Dept. Of Revenue

11 Wash. App. 2d 765 · Court of Appeals of Washington · Jan 13, 2020

As such, they do not qualify for the exemption provided for digital goods used solely for a business purpose. .... … A taxpayer claiming to be exempt from a tax has the burden of establishing the exemption. Lamtec Corp. v. Dep’t of Revenue, 170 Wn.2d 838, 843, 246 P.3d 788 (2011).

Brandon Apela Afoa v. Department Of Labor & Industries

418 P.3d 190 · Court of Appeals of Washington · May 29, 2018

Afoa needed on a daily basis is best qualified as 16 hours per day? Motion for New Trial Afoa filed a motion for a new trial. … RCW 51.52.115 clearly prohibits "evidence or testimony other than, or in addition to," the certified record filed by the Board.

State Of Washington, V. Sabra Kaye Danielson

Court of Appeals of Washington · Oct 22, 2024

In Civil Survival Project, the court reasoned that CrR 7.8 “clearly applies to the reconsideration of constitutionally invalid convictions” because it “explicitly contemplates being used to address precisely this sort of … However, his conviction was 2 The State also argues that sovereign immunity bars Danielson from seeking relief under CrR 7.8.

State of Washington v. Robert James Rogers

Court of Appeals of Washington · Feb 9, 2023

To demonstrate deficient performance a defendant must establish “an absence of any legitimate trial tactic that would explain counsel’s performance.” In re Pers. … Here, the record clearly indicates defense counsel’s decision to list the charged felonies was strategic. Prior to trial, counsel explicitly said he considered an instruction stating Mr.

State Of Washington, V. Leon Caril, Ii

Court of Appeals of Washington · Dec 23, 2024

Right to Be Present As a starting point, the record before us clearly establishes that Caril’s trial counsel explicitly advised the court of his client’s request to appear remotely at the resentencing and coordinated … The record clearly establishes, though, that both the accuracy and sufficiency of the State’s proof of Caril’s criminal history was fully litigated during his original sentencing before the same judge with the same defense

Anthony Brown, V Golden State Foods Corp.

Court of Appeals of Washington · Feb 24, 2015

PRIOR BACK INJURY GSF' s argument is that Brown failed to establish a qualifying disability that had a substantially limiting effect. … As our Supreme Court held, WAC 246 -126 -092 clearly and unambiguously prohibits working employees for longer than three consecutive hours without a rest period. "' Wingert v.

In re Personal Restraint of D'Allesandro

178 Wash. App. 457 · Court of Appeals of Washington · Dec 17, 2013

But this quoted material omitted the last line of defense counsel’s statement in which counsel qualified his request by stating, “By that, I mean apart from the remaining prospective jurors” 1 VRP (Mar. 8, 2004) at 2 (emphasis … issue and reversed his conviction if his appellate counsel had raised it in his direct appeal petition for review because (1) the Supreme court issued Easterling while D’Allesandro’s petition was pending; (2) Easterling clearly

State of Washington v. Daniel Christopher Lazcano

Court of Appeals of Washington · Mar 16, 2017

Lazcano fails to establish unfitness of the first alternate juror who replaced juror 2. … Assault is not a qualifying felony for first degree felony murder. First degree burglary qualifies instead as a predicate for first degree murder. Assault is simply an element of first degree burglary.

Germain v. Pullman Baptist Church

96 Wash. App. 826 · Court of Appeals of Washington · Jul 27, 1999

Brown’s affidavit was irrelevant because she was not qualified to evaluate pastoral counseling. … Gillespie is clearly distinguishable from our case. In Gillespie , the beneficiaries acted reasonably in entrusting the wise management of their financial assets to the bank.

State of Washington v. Pablo Marquez-Garduza

Court of Appeals of Washington · Oct 14, 2025

Additionally, in a statement of additional grounds (SAG), Marquez Garduza argues that insufficient evidence established that he had “sexual contact” with ZCV. … criminal activity,” (2) they “possess[] credible and reliable information establishing that he or she has knowledge of the details concerning the qualifying criminal activity upon which his or her petition is based,” (3)