Case law

In Re Detention Of: H.n.

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 upon her own person.

State Of Washington, V. Kevin Wayne Houser

544 P.3d 564 · Court of Appeals of Washington · Mar 5, 2024

The State argued, Now, the Defendant did try to qualify that a little bit. He said that he could not remember having sex, whether he did have sex or not, on that mattress. … Failure to establish either prong is fatal to the claim. Strickland, 466 U.S. at 700.

State v. Williams

244 P.3d 1018 · Court of Appeals of Washington · Jan 10, 2011

In addition, Williams was released from the King County jail after serving a criminal sentence, which fits well within the type of confinement qualifying as "incarceration." … case. [6] In fact, "an exceptional sentence is reversible if the record does not support the reasons supplied by the sentencing court, the reasons stated do not support an exceptional sentence, or the sentence imposed was clearly

In Re The Detention Of Mark A. Black

189 Wash. App. 641 · Court of Appeals of Washington · Aug 24, 2015

The court clearly understood this and so stated to the jury before voir dire commenced. … scientific methodology.'"43 If the Frve test is satisfied, the trial court must then determine whether expert testimony should be admitted under the two-part test of ER 702, which considers whether the witness qualifies

Fredrick And Annalesa Thomas, Apps v. Pierce County Prosecuting Attorney's Office, Resp

Court of Appeals of Washington · Oct 19, 2015

To qualify for a categorical exemption, documents must be part ofan open, ongoing investigation related to law enforcement proceedings. Koeniq v. … Notwithstanding this apparent tension, it is firmly established that the work product rule is part of the exemption under RCW 42.56.290.

Verda Lee Crosswhite Vv Washington State Dept. of Social & Health Services

197 Wash. App. 539 · Court of Appeals of Washington · Jan 17, 2017

The Department did not present any testimony or evidence that established that the Appellant knew or should have known what the outcome of her verbal statements would be. … CP at 41 (CL 16). ¶71 The ALJ concluded the Department failed to establish by a preponderance of the evidence that Ms.

In The Matter Of The Parental Rights To S.a.m-s.

Court of Appeals of Washington · Mar 17, 2025

Again, DCYF clearly understood the limits of Gallagher’s qualifications, actively engaged with J.M.’s concerns, and collaborated with tribal authorities to diligently search for qualified and culturally competent providers … Both the Aleut Community representative and a qualified expert witnesses also supported S.A.M-S. current placement.

State v. Silva

27 P.3d 663 · Court of Appeals of Washington · Jul 30, 2001

accusation,' who must be `confronted with the witnesses against him,' and who must be accorded `compulsory process for obtaining witnesses in his favor.' [37] Because an implied right is a matter of interpretation, it is not immune … Finally, we take this opportunity to clarify the role of standby counsel, which has not been clearly delineated in Washington case law and was a troublesome issue in this case.

In Re The Dependency Of: J. X. K. Shana Kalberer-bobo v. Dshs

Court of Appeals of Washington · Jul 22, 2013

Dependency was established as to M.S. in August 2011.1 Kalberer-Bobo agreed to place M.S. with the paternal aunt. M.S. has never been in Kalberer-Bobo's care. … She also argues that she may qualify for early release from prison through the Family Offender Sentencing alternative (FOSA).

Personal Restraint Petition Of Kevin Light-roth

Court of Appeals of Washington · Aug 14, 2017

To qualify for the exception to the one-year time bar, the change in the law must be material to the defendant's sentence. RCW 10.73.100(6). In State v. … The court held that, under those circumstances,"remand is the remedy unless the record clearly indicates the sentencing court would have imposed the same sentence anyway." Rowland, 149 Wn. App. at 508.

State v. Silva

107 Wash. App. 605 · Court of Appeals of Washington · Jul 30, 2001

accusation,” who must be “confronted with the witnesses against him,” and who must be accorded “compulsory process for obtaining witnesses in his favor.”[ 37 ] Because an implied right is a matter of interpretation, it is not immune … Finally, we take this opportunity to clarify the role of standby counsel, which has not been clearly delineated in Washington case law and was a troublesome issue in this case.

Whidbey Environ. Action Network, App v. Growth Management Hearings Board, Resp

Court of Appeals of Washington · Mar 9, 2020

Nevertheless, WEAN fails to establish that the GMHB’s order finding compliance on this issue was clearly erroneous. … require delineation of the protected areas and identification of mitigation measures by a qualified professional,” citing to ICC 17.02B.410.

Shamarra and Simone Scott v. City of Tacoma and Wade White

Court of Appeals of Washington · Nov 7, 2023

Overman is well qualified and that his opinions would be helpful to jurors who may be unfamiliar with sarcoidosis. The City responds that Dr. … We apply ER 702 by asking first whether the witness is qualified as an expert and second whether the testimony would be helpful. Reese, 128 Wn.2d at 306.

In Re Norma Jean Crozier (estate Of Samuel Crozier), V. Drs

Court of Appeals of Washington · Oct 13, 2025

Summary judgment is proper if the record establishes “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” CR 56(c). … But Norma conceded she does not qualify under the statute.

State Of Washington, V. Alexandra Shawn Miranti

Court of Appeals of Washington · Nov 12, 2025

JUROR #3: So it’s a qualified yes. I want to make sure that I’m not working harder than the defendant in her defense. 1 VRP (Apr. 2, 2024) at 316-17. … Unequivocal statements showing bias without assurance of impartiality can establish actual bias because “‘no nuance of inflection or demeanor can overwhelm the explicit meaning of [an unequivocal statement of partiality

State Of Washington v. Dale Carter

Court of Appeals of Washington · Apr 19, 2016

There is no requirement that the citizen have a history as an informant to qualify for this presumption. … However, Sieler is clearly distinguishable from the present case.

Almquist v. Finley School Dist. No. 53

57 P.3d 1191 · Court of Appeals of Washington · Nov 21, 2002

plaintiff has made out against the district is that they are negligent because they didn't cook out whatever [E. coli] 0157:H7 was in the product or that we cross contaminated, which would be negligent actions which would clearly … However, a party may raise the following claimed errors for the first time in the appellate court: (1) lack of trial court jurisdiction, (2) failure to establish facts upon which relief can be granted, and (3) manifest error

Sommer v. Department of Social & Health Services

104 Wash. App. 160 · Court of Appeals of Washington · Jan 8, 2001

At trial, Sommer presented evidence that during the *170 two-year period, DSHS had job openings that he was qualified for, but that DSHS failed to affirmatively act to assist Sommer in locating them. … Be responsible for meeting many kinds of people, answering their questions clearly and correctly, help resolve their problems, and promote a good public image of the department.

In Re The Welfare Of C.e.c.l.

Court of Appeals of Washington · Apr 10, 2023

The “meritorious” qualifier, rather, seems to have periodically infiltrated some Washington cases by way of case law analyzing the federal version of the rule. See Parker v. Scheck Mech. … The parent loses “all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, visitation, or support.” RCW 13.34.200(1).

In Re The Dependency Of: T.m.p-s., Lisa Danielle Purcell v. Dshs

Court of Appeals of Washington · Mar 12, 2018

The record establishes to the contrary. In fact, the trial court was well aware that the Department bore the burden of proof to show that all services had been provided. … The challenged finding simply establishes that there was no evidence of available services that had not been provided. This was not error.