Case law

State Of Washington, V. William Allen Forsmark

Court of Appeals of Washington · May 13, 2025

The trial court found the mallet qualified as a deadly weapon. … Accordingly, “it ‘must be interpreted with the commands of the First Amendment clearly in mind.’” State v. Kilburn, 151 Wn.2d 36, 42, 84 P.3d 1215 (2004) (quoting Williams, 144 Wn.2d at 206.

Kai Nielsen v. Department Of Licensing

Court of Appeals of Washington · Sep 30, 2013

This is clearly incorrect. See Washington v. Glucksberq. 521 U.S. 702, 728, 117 S. Ct. 2258, 138 L. … qualify for a stay of the revocation during the pendency of the appeal but who would nevertheless prevail on judicial review.

State Of Wa Employment Security, V Harold Gary Williams

Court of Appeals of Washington · Jun 5, 2018

Williams denies actual knowledge of the change in policy and argues the record does not establish he should have known. … Even if the forklift driver had been injured, Old Dominion would likely be shielded by the employer immunity provisions of the Industrial Insurance Act.

State Of Washington, V. Bernard Bellerouche

Court of Appeals of Washington · Mar 3, 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.

Steve Baumgarten v. Seattle Police Dept

Court of Appeals of Washington · Feb 24, 2020

CR 4(h) provides: At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material … In order to establish an abuse of a qualified privilege, there must be “proof of knowledge or reckless disregard as to the falsity of a statement.” Bender, 99 Wn.2d at 559, 601.

State Of Washington v. Nakia L. Otton

Court of Appeals of Washington · Apr 14, 2015

Using this approach, the court concluded that a sworn statement to police may qualify as an " other proceeding" under ER 801( d)( 1)( i). Id. … ' s prior unscored misdemeanor history results in a presumptive sentence that is clearly too lenient.

Gregory E. Grahn, Apps v. Bank Of New York Mellon Corp, Resp

Court of Appeals of Washington · Oct 5, 2020

App. at 824 (emphasis omitted) (alteration in original) (quoting RCW 61.24.030(7)(a)). 5 No. 80107-4-I/6 qualified witness’ in a declaration based on the declarant’s review … BNY has taken “clearly inconsistent” positions as required for judicial estoppel.

The Zurich Services Corporation, V. Gene Mace Construction, Llc

Court of Appeals of Washington · Mar 27, 2023

In GMC’s amended answer, GMC removed the qualifier “alleged,” stating “the Construction Agreement and its contents speak for themselves.” … not restrict a “valuable right” that is established by the civil rules.

State v. George

39 Wash. App. 145 · Court of Appeals of Washington · Dec 12, 1984

However, as we noted above, Compton's testimony during the hearing on George's motion to dismiss fulfills the record requirement by establishing facts which constitute good cause. … Defense counsel is undoubtedly well qualified to represent petitioner, and is pursuing his client's best interests in a competent manner. Townsend v. Superior Court, supra at 784. Franulovich , at 293.

State v. Harrell

83 Wash. App. 393 · Court of Appeals of Washington · Sep 3, 1996

Harrell’s demeanor in answering the questions suggests that he understood Veranth’s statement as the effort to avoid intimidating him that it was clearly intended to be. … Stowens qualified this remark only by saying he is not sure anybody really understands the Miranda rights.

State v. Jackson

46 P.3d 257 · Court of Appeals of Washington · May 9, 2002

Thus, under these facts, the initial intrusion here was clearly not a "trespass" under the reasoning of Myrick ; the principles established in CONST. art., § 7 are not offended by GPS installation. Mr. … Evidence collected at the sites clearly supported probable cause for subsequent warrants.

Tanya Nozawa, V State Of Wa Dept Of Corrections

Court of Appeals of Washington · Jul 11, 2017

But Nozawa did not provide any evidence or documentation establishing the qualifications for these jobs or whether she qualified for these jobs. … But she clearly addresses the statute of limitations in her argument relating to the continuing violation doctrine.

In Re Detention of Greenwood

122 P.3d 747 · Court of Appeals of Washington · Nov 9, 2005

A conviction is not required for an individual to qualify as a SVP; a person need only have been charged with a crime of sexual violence. RCW 71.09.020(16). … a final order, appealable by the person, on that issue, and may proceed to consider whether the person should be committed pursuant to this section. ¶ 30 According to Greenwood, this statute violates due process, which clearly

Kitsap County v. Kitsap Rifle And Revolver Club

Court of Appeals of Washington · Nov 21, 2017

Kirwin, 165 Wn.2d 2 The County argues that even if KCC 10.25 qualifies as firearms regulation, there can be no preemption here because RCW 9.41.290 applies only to local ordinances that, unlike KCC 10.25, impose criminal … And the required standards for shooting facilities primarily involve measures designed to make the 3 Article 1 of KCC 10.25 clearly regulates the discharge of firearms; KCC 10.25.020 expressly prohibits the discharge

Dep Of C.a. v. Dshs State Of Washington

Court of Appeals of Washington · May 5, 2014

It is clearly not in [C.A.j's best interest to deprive her of these resources simply because the law changed. home, licensed group care, or other suitable person placement. … C.A. presents no authority establishing that a mere change in the law can create a "substantial change in circumstances subsequent to the establishment of the guardianship" warranting termination of the guardianship, and

State v. Jackson

111 Wash. App. 660 · Court of Appeals of Washington · May 9, 2002

Thus, *683 under these facts, the initial intrusion here was clearly not a “trespass” under the reasoning of Myrick; the principles established in article I, section 7 are not offended by GPS installation. Mr. … Evidence collected at the sites clearly supported probable cause for subsequent warrants.

State v. Lawrence

166 Wash. App. 378 · Court of Appeals of Washington · Feb 2, 2012

By statute, the court may direct that the defendant’s own “qualified expert or professional person” be allowed to witness the evaluation and report to the court. RCW 10.77.060(2). … Judge Frazier clearly did so on both February 17 when he granted the request and on March 26 when he denied a renewed request for self-representation. It is less clear that Judge Acey considered Mr.

Gabrielle Nguyen-aluskar, App. v. The Lasik Vision Institute, Llc, Res.

Court of Appeals of Washington · Nov 30, 2015

Only one of the qualifying grounds is needed for a denial. Pelton v. Tri-State Mem'l Hosp.. 66 Wn. … It also quite clearly does not provide any argument as to Nguyen-Aluskar's CPA claim.

Rebecca Curley v. Skagit Valley Hospital

Court of Appeals of Washington · Jul 22, 2019

The experience, resulting in the stillbirth of her child, was clearly traumatic for Rebecca and her husband, Thomas1. But Rebecca did not allege Dr. Estep or the hospital caused the fetal demise. … Negi, a board-certified forensic psychiatrist, to establish causation. Dr.

In the Matter of the Parental Rights to: E.B.

Court of Appeals of Washington · May 14, 2026

Pilkinton’s opinion, the sermons did not qualify as mental health therapy because they lacked individuality. Ms. … The court further concluded that the Department had established, by a preponderance of the evidence, that termination of the parent-child relationship is in E.B.’s best interest.