Case law

State Of Washington, V. Bernard Bellerouche

565 P.3d 604 · Court of Appeals of Washington · Mar 17, 2025

“Thus, the evidence must tend to prove, qualify or disprove an issue for it to be relevant.” State v. Peterson, 35 Wn. App. 481, 484, 667 P.2d 645 (1983). … “While our standard of review provides great deference to the trial court’s evidentiary rulings, it does not immunize them.” Broussard, 25 Wn. App. 2d at 789.

Brown v. STATE DENTAL DISCIPLINARY BD.

972 P.2d 101 · Court of Appeals of Washington · Feb 18, 1999

This administrative proceeding started before a health law judge and finished with the Dental Disciplinary Board, consisting of three licensed and qualified dentists. … Clearly, the civil sanctions were not imposed for the same offense. And the findings of unprofessional conduct do not even arise out of the same set of facts. Knutson, 88 Wash.App. at 680 , 946 P.2d 789 .

State v. Hubbard

37 Wash. App. 137 · Court of Appeals of Washington · Mar 26, 1984

Evidence that the victim had Hubbard beaten is obviously relevant to establish Hubbard's motive for killing the victim. … Harris , in terms of any rebuttal, that I think they clearly could come in at least as part of the case of the State in rebuttal. However, not as part of their case in chief.

Kimberly Hansen v. Mark Rozgay Et, Al

Court of Appeals of Washington · Oct 23, 2017

Cordes Trust Barbara Rozgay's parents, Herman and Harriet Cordes, established the "Cordes Living Trust of 1979" (Cordes trust). … We find that Gray was qualified to opine on issues related to Clarence and Barbara's capacity and vulnerability to undue influence.

Dolphus Mcgill v. James Beardon

193 Wash. App. 235 · Court of Appeals of Washington · Apr 11, 2016

A court accepts, without interpretation, the plain meaning of a clearly worded statute.8 A court will deem a statute ambiguous if it has more than one reasonable interpretation.9 A court will interpret an ambiguous statute … Second, McGill contends the Gaddis report did not qualify under RCW 4.84.010(5) because that statute covers only costs of "obtaining" preexisting documents, not producing new ones for litigation.

State Of Washington v. Sandy Lynn Fehr

Court of Appeals of Washington · Jan 21, 2015

This, standing alone, is insufficient to establish the existence of Fehr' s alleged prior convictions by a preponderance of the evidence. Hunley, 175 Wn.2d at 917. … s counsel acknowledged These statements do not qualify as affirmative acknowledgments of Fehr' s alleged prior convictions because these statements were too general to clearly state which, how many, or what type of

State Of Washington, V Michael Anthony Bruce

Court of Appeals of Washington · Oct 6, 2015

Here, however, we see little likelihood of jury confusion from these clearly differentiated defenses. … Further, Bruce fails to meet his burden of establishing prejudice of the kinds identified in Bythrow, 114 Wn.2d at 718, that require severance as a matter of law.

Wa State Dairy Federation, V Wa State Pollution Control Hearings

Court of Appeals of Washington · Jun 29, 2021

to establish additional water quality based effluent limitations. … The PCHB’s finding was thus not “clearly erroneous.” Id.

State v. Blake

172 Wash. App. 515 · Court of Appeals of Washington · Dec 24, 2012

The trial court denied the motion, ruling that the content of the statement in the recorded message qualified as both an excited utterance and a present sense impression, and that the statement was therefore admissible. fll … However, this court has held that there are some areas that are clearly inappropriate for opinion testimony in criminal trials.

American National Fire Ins. v. B & L Trucking

920 P.2d 192 · Court of Appeals of Washington · Aug 9, 1996

The exclusionary language of the qualified pollution exclusion precludes coverage for damage resulting from the listed polluting events. … The court held that where the insured was clearly entitled to full insurance coverage the insurance carriers themselves are jointly and severally liable.

Niemann v. Vaughn Community Church

118 Wash. App. 824 · Court of Appeals of Washington · Oct 21, 2003

While VCC may assert a lack of buyers qualified under the deed language, VCC has not asserted any problem with VCC’s equal protection under the law. … A narrow and particular intent, for example, is to establish a home for orphaned working boys between 12 and 16, managed by self-government; or, to give money to a university. Townsend v.

Steven Lodis & Deborah Lodis v. Corbis Holdings, Inc.

192 Wash. App. 30 · Court of Appeals of Washington · Dec 28, 2015

The fact that a prior jury found that he breached his fiduciary duty is clearly relevant to the seriousness issue. 5. … Evidence tending to establish a party's theory, or to qualify or disprove the testimony of an adversary, is relevant evidence. Lamborn v. Phillips Pac. Chem.

State v. Barnes

85 Wash. App. 638 · Court of Appeals of Washington · Mar 7, 1997

told the jury to reread the instructions and continue deliberating. *649 On Monday afternoon the jury sent the following note to the court: We reviewed the instructions — thoroughly, per your request and understand them clearly … Specifically, he argues that because predicate act eight, possession with intent to deliver marijuana, involved only him, it fails to qualify as a predicate act.

Rabon v. City of Seattle

34 P.3d 821 · Court of Appeals of Washington · Aug 13, 2001

Courts determine the formality and procedural requisites *826 of a hearing under a three-factor test established in Mathews : First, the private interest that will be affected by the official action; second, the risk of an … Most courts recognize dog ownership as being "of an imperfect or qualified nature" and therefore subject to police power. The state may use its power to destroy or regulate dogs in order to protect human citizens.

Greider Family Trust, Sebastian Eugene Greider, Et Ano, Apps v. Cheryl Greider Bradkin, Et Ano Resps

Court of Appeals of Washington · Mar 15, 2021

These assertions are without factual support in the record and irrelevant, since the evidence establishes that the Trust satisfied the child support obligation. … In sum, the evidence clearly shows the manner in which the Trustee distributed the Trust assets, the deductions made from each beneficiary’s share and which costs and expenses were allocated to the shares of each beneficiary

Kimberly Hansen v. Mark Rozgay Et, Al

Court of Appeals of Washington · Sep 11, 2017

Cordes Trust Barbara Rozgay's parents, Herman and Harriet Cordes, established the "Cordes Living Trust of 1979" (Cordes trust). … We find that Gray was qualified to opine on issues related to Clarence and Barbara's capacity and vulnerability to undue influence.

Westmark Development Corp. v. City of Burien

140 Wash. App. 540 · Court of Appeals of Washington · Sep 4, 2007

provided are in addition to any other remedies provided by law.”). ¶17 Finally, Burien contends that SEPA decisions, including the time necessary to make them, are discretionary and therefore should enjoy quasi-judicial immunity … most favorable to Westmark, there was substantial evidence from which the jury could conclude that Burien acted for an improper purpose or by improper means. ¶28 “Overturning a jury verdict is appropriate only when it is clearly

State Of Washington, V. Polevia Junior Valoaga

Court of Appeals of Washington · Dec 23, 2024

He was sentenced at the high end of the standard range and received a sentence of 171 months plus a 24-month deadly weapon enhancement. 1 Forensic scientist Gina Dembinski discussed a sliding scale qualifier … Additionally, the pruning saw qualifies as a deadly weapon under the circumstances, due its utilization in the aforementioned way.

Sound Action, V. Wa State Shorelines Hearing Board

Court of Appeals of Washington · May 19, 2025

We hold Sound Action failed to establish this finding is “clearly erroneous” or that the administrative record was insufficient to persuade a fair-minded person 7 No. 86228-6-I/8 … In turn, we hold Sound Action failed to establish the Board’s challenged findings on whale sighting and entanglement data were “clearly erroneous” or that 9 Sound Action also cites to a National Oceanic and Atmospheric

John Higgins, D/b/a Nw Prokleen, V. Kcd Trucking, Inc.

Court of Appeals of Washington · Apr 14, 2025

Both the rule and statute expressly establish that the request must be signed by the aggrieved party. SCCAR 7.1(b); RCW 7.06.050(1). … The aggrieved party’s signature is required for a procedurally compliant request for trial de novo; the rules clearly foreclose the possibility of an attorney’s signature as a satisfactory substitute.