Case law

Matter of Marriage of Mathews

70 Wash. App. 116 · Court of Appeals of Washington · May 25, 1993

Mathews was also awarded, through a qualified domestic relations order (QDRO), a one-half interest in Mr. … That trade-off, clearly agreed to by [the husband], now leaves [the wife] economically disadvantaged as compared to [the husband].

Zink v. City of Mesa

166 P.3d 738 · Court of Appeals of Washington · Aug 23, 2007

When a record request is subject to the PDA, the burden of proof is on the agency to establish the applicability of a specific exemption. … Under RCW 5.45.020: A record of an act, condition or event, shall in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and if

In Re The Marriage Of: Bandana Waikhom, V John Luckwitz

Court of Appeals of Washington · Jul 30, 2013

Therefore, the trial court determined it was not appropriate for the parenting coordinator to ask other experts or SL whether the residential schedule should be changed or to recommend parenting plan changes that clearly … Moreover, nothing in the record shows that the parenting coordinator was qualified as an expert witness to give his own opinion or to base his testimony on hearsay.' See ER 701, 702, 703.

In Re Quinn

226 P.3d 208 · Court of Appeals of Washington · Mar 8, 2010

To qualify as a knowing and intelligent plea, a guilty plea must be made with a correct understanding of the charge and the consequences of pleading guilty. State v. … The court in Mendoza held that "if the defendant was clearly informed before sentencing that the correctly calculated offender score rendered the actual standard range lower than had been anticipated at the time of the guilty

Department Of Labor And Industries v. Lyons Enterprises, Inc.

Court of Appeals of Washington · Feb 3, 2015

No. 45033 -0 -II workers and did not qualify for the exception described in RCW 51. 08. 195. … Because the franchisees do not satisfy subpart ( 3), they do not qualify for the statutory exception.

Westmark Development Corp. v. City of Burien

166 P.3d 813 · 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, Resp/x-app. V. Frankie Robertson-butler, App/x-resp

Court of Appeals of Washington · Apr 6, 2026

And clearly his testimony is self- serving. And it’s clearly tailored to the facts in hindsight on that video. … However, to establish reversible misconduct, Robertson must also show the error caused prejudice.

State Of Washington, V. Jerome Othello Clary Iv

559 P.3d 579 · Court of Appeals of Washington · Dec 2, 2024

The Court then concluded, “Barr’s juvenile adjudications are clearly convictions that do still exist as a matter of state law, the sealing order notwithstanding.” Id. at 338. … Linville, for example, our Supreme Court considered whether the State could join non-enumerated offenses as predicate acts to establish a pattern of criminal profiteering activity. 191 Wn.2d 513, 516, 423 P.3d 842 (2018

State of Washington v. Cougar Ray Henderson

Court of Appeals of Washington · Apr 7, 2020

The jury clearly did not believe Mr. … Given the opportunity to voir dire E.J., defense counsel established that her physical and emotional complaints following the alleged rape also preceded her April 2014 diagnosis with Graves’ disease.

State v. Thompson

169 Wash. App. 436 · Court of Appeals of Washington · Jul 16, 2012

But that was clearly not so here. Despite Thompson’s unrelenting insolence, verbal abuse, and refusal to cooperate, Hicks remained a capable and determined advocate. He filed motions to suppress evidence. … Because the State clearly identified the act upon which the sexual motivation allegation was based, no unanimity instruction was necessary. ¶91 Further, no unanimity instruction is required where the evidence indicates a

State Of Washington v. Felipe Joseph Ramos

Court of Appeals of Washington · May 13, 2013

Because Medina fails to establish prejudice, there was no abuse of discretion in permitting amendment. … Swiaer.67 the supreme court held that a condition that would qualify as confinement pre-conviction must also qualify as such post conviction.68 But here, as explained previously in this opinion, Medina is not entitled to

Sarah Evison, App. v. David Vossler, M.d., Et Ano., Resps.

Court of Appeals of Washington · Sep 29, 2014

As a result, there were no facts in Waples to address the issue of whether article II, section 26, and the legislature's waiver of sovereign immunity, permitted the legislature to establish conditions … None of our relevant case law regarding article II, section 26 or the State's waiver of sovereign immunity was even addressed in the Waples opinion.

State Of Washington, V. Preston Kent Cable

Court of Appeals of Washington · Apr 17, 2023

But the State need not establish the restitution amount with specific accuracy. Griffith, 164 Wn.2d at 965. … And although Cable asserts that Noori’s 8 No. 84176-9-I/9 victim loss statement does not qualify as competent evidence,6 credibility determinations are for the trier of fact and

In Re Welfare Of E. D.

Court of Appeals of Washington · Aug 30, 2016

its discretion by denying a timely continuance motion that was brought specifically to allow time for a home study—which began four months before trial and was well under way—to determine whether a willing family member qualified … As part of its determination, the juvenile court clearly considered each of the “incarceration factors.”

Keck v. Collins

181 Wash. App. 67 · Court of Appeals of Washington · May 6, 2014

Curtis wrote, “Clearly she is failing clindamycin and I would advocate abandoning this drug.” CP at 154. … Olsen solely to monitor her bite alignment, something he was qualified to do. Dr. Patrick said he had no duty to Ms. Keck because he was never involved in her postoperative care. Ms. Keck contradicted Dr.

Kerry J. Taylor v. Alan P. Nohr

Court of Appeals of Washington · Nov 7, 2016

The burden then shifts to the plaintiff to produce an affidavit from a qualified expert witness that alleges specific facts establishing a cause of action. Young, 112 Wn.2d at 226-27. … The burden then shifted to Taylor to produce an affidavit from a qualified expert witness alleging specific facts that established causation. See Young. 112 Wn.2d at 226-27. According to Dr. Larson, Dr.

State Of Washington v. Joshua David Charles Rhoades

Court of Appeals of Washington · Feb 3, 2015

The Siers decision clearly articulated this as a requirement prior to Rhoades' s trial. 174 Wn.2d at 277. … As an initial matter, this may well have qualified as a legitimate tactical decision. See State v.

Community Ass'n for Restoration of Environment v. Department of Ecology

149 Wash. App. 830 · Court of Appeals of Washington · Apr 21, 2009

Ecology may then determine on a “case-by-case” basis whether any of the requested information qualifies as a confidential business record and is, therefore, exempt from public disclosure. 9 CP at 49. II. … Hearings Bd., 142 Wn.2d 543, 553 , 14 P.3d 133 (2000)). ¶17 We overturn an agency’s findings of fact “only if they are clearly erroneous and we are ‘definitely and firmly convinced that a mistake has been made.’ ” Port of

Cranwell v. Mesec

77 Wash. App. 90 · Court of Appeals of Washington · Feb 27, 1995

She argues that the statements only "establish acquiescence or nonresistance” to the City’s inspection request. … The area at issue in Whitfield is clearly distinguishable from the area at issue here.

All Natural Herbs, Llc, V. State Liquor And Cannabis Board

Court of Appeals of Washington · Jun 8, 2021

Thus, the June 17 letter did not clearly notify ANH that a stage of an adjudicative proceeding was going to be conducted. … A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit that the qualified party sought. RCW 4.84.350(1).