Case law

Personal Restraint Petition Of: Felix D'allesandro

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 7 We further explained: … 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

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

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.

Personal Restraint Petition of John-Francis Jude Suppah

Court of Appeals of Washington · Mar 31, 2026

This argument fails because Suppah either fails to establish that the challenged testimony was false or fails to establish the required prejudice. A. … established that he was participating in Suppah’s trial in order to avoid additional charges.

Stevens County v. Stevens County Sheriff's Department

Court of Appeals of Washington · Nov 16, 2021

In addition to immunity afforded Stevens County being restricted, the State does not contend that such immunity abrogates any standing held by the county. I further recognize that Kitsap County v. … RCW 71.05.020 The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. ....

Zavala v. Twin City Foods

185 Wash. App. 838 · Court of Appeals of Washington · Feb 12, 2015

Zavala established that her arthritis was lit up? … Clearly, there is a basis to conclude that Ms. Zavala is not an accurate historian. For all of the above reasons, I am upholding the [B]oard decision.

State Of Washington, V. Charles Gerard Holmes

Court of Appeals of Washington · Dec 28, 2022

Because the prosecutor injected his personal beliefs about these witnesses in these statements, they clearly constituted expressions of the prosecutor’s personal opinion and, thereby, exceeded the wide latitude enjoyed … A defendant who fails to show either prong fails to establish ineffective assistance of counsel. Id. at 33. Counsel’s performance is deficient if it falls below an objective standard of reasonableness. Id.

State of Washington v. Herbert Aaron Martin, II

Court of Appeals of Washington · May 4, 2017

In addition, the conditions are not clearly limited to unlawful drugs, as opposed to substances prescribed by a licensed medical provider. … (10) Defendant shall not enter into or remain in establishments where alcohol is the main source of revenue.

Matthew & Kaylyne Newell, Appellant/cross-respondents V. Pierce County, Respondent/Cross-Appellant

Court of Appeals of Washington · Oct 28, 2024

Two construction companies have operated on the site, one established in 1977 and one established in 1994. … It was the Newells that assumed that their actual use qualified as the same business or use.

Keene v. Edie

909 P.2d 1311 · Court of Appeals of Washington · Jan 30, 1996

Here, we believe the evidence was relevant to establish the overall atmosphere in and around the Edie household during the time period in question. … The lapse of the former statute does not endow Edie with any vested property right in immunity from suit.

State Of Washington, V. Joseph C. Gioiosa

Court of Appeals of Washington · Feb 10, 2026

In Jenks, our supreme court held that an amendment that did nothing more than remove second degree robbery from the list of offenses that qualify an individual as a persistent offender “contrasts clearly” with cases where … The trial court never expressed its view that it did not have the discretion to impose an exceptional sentence if it found that a standard range sentence would be “clearly excessive.”

State Of Washington, V Darlene Marie Green

Court of Appeals of Washington · Jun 24, 2014

Under ER 702, "[ i] f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill … Maiuro' s testimony was relevant, but ruled that because the testimony clearly bears on Defendant' s credibility, it is likely to invade the fact -

In Re The Dependency Of: C.m.l.

Court of Appeals of Washington · Oct 30, 2023

If you qualify, a lawyer will be appointed by the court to represent you. 14 For the current opinion, go to https://www.lexisnexis.com/clients … But D.L.’s summons clearly advised her that she had the right to a lawyer and explained the steps she must take to obtain one.

Hardee v. Department

215 P.3d 214 · Court of Appeals of Washington · Sep 3, 2009

court. [5] We review factual findings to determine whether they are supported by substantial evidence. [6] In reviewing factual findings under this provision, we will overturn an agency's factual findings only if they are clearly … conclusions. [8] ¶ 12 "Constitutional challenges are questions of law subject to de novo review." [9] Statutes are presumed constitutional, and the party challenging the constitutionality of a statute has a heavy burden to establish

State Of Washington, V Tyrone Manson St Ours

Court of Appeals of Washington · Feb 24, 2015

STANDARD OF REVIEW To establish prosecutorial misconduct, St. Ours has the burden of establishing that the challenged conduct was both improper and prejudicial. State v. … This statement clearly misstated the evidence; Officer Thiry did not give any such testimony. But St.

In Re The Dependency Of R.o.a., Sierra Cotter, App v. Dcyf, Resp

Court of Appeals of Washington · Feb 3, 2020

It establishes procedures to be followed in such adoption cases and imposes safeguards to protect the best interests of the children concerned.”23 22 A.C., 123 Wn. … The court was satisfied by a favorable Washington home study that the grandmother was likely to qualify for an adoption.

State Of Washington v. Michael A. Wade

Court of Appeals of Washington · Jun 29, 2015

Patterson reluctantly testified under a grant of immunity. Contrary to his statement at the time of his arrest, Patterson testified that he burglarized two houses by himself on October 9. … The circumstances clearly suggested Gardner's possible involvement in the crime when police initially questioned her. See Grover, 55 Wn. App. at 254.

State Of Washington, V. Paul Rafael Dervin, Iii

Court of Appeals of Washington · Jul 7, 2025

Therefore, although the prosecutor’s conduct was flagrant and ill-intentioned and clearly aimed at inflaming the jury, Dervin fails to establish prejudice. … Despite the fact that the prosecutor clearly intended to appeal to the jury’s emotions, we again determine that Dervin fails to establish prejudice.

Sound Infiniti, Inc. v. Snyder

145 Wash. App. 333 · Court of Appeals of Washington · Jun 23, 2008

Thus, the reverse stock splits undertaken by the boards of Sound Infiniti and Infiniti of Tacoma qualify as corporate actions that Pisheyar was entitled to, and did, in fact, dissent from pursuant to the provisions of chapter … there was a likelihood that the actions of Snyder and Hannah had damaged the corporations, and thus enjoin the reverse stock split that eliminated his interest in the corporations, there is no basis to depart from the well-established

In re the Parental Rights of: R.M.

Court of Appeals of Washington · Jun 18, 2019

The father was then serving time on criminal convictions but had qualified and opted to serve time in drug court. … The father does not dispute that the Department clearly offered all necessary services.