Case law

Fyodor And Pelageya Klimovich, App. v. Wa. St. Dshs, Res.

Court of Appeals of Washington · Aug 11, 2014

The hearing evidence clearly established that the Kozorezovs moved the Appellants to a different home and address, and intentionally failed to notify the Department of the change. … -12- 69938-5-1/13 In upholding the terminations, the review judge noted that the hearing evidence clearly established that both Ivan and Larisa intentionally failed

In the Matter of the Personal Restraint of: Zachary Steven Skone

Court of Appeals of Washington · Feb 22, 2024

Although the United States constitution’s supremacy clause establishes federal law as the supreme law of the land that takes priority over state law, the clause does not render rulings of a state court judge immune from … We agree that defense counsel failed to clearly and directly object to such questioning.

In Re The Parentage And Support Of: C.m., Cassandra Weisenberger, App v. Tyler Mittge, Resp

Court of Appeals of Washington · Apr 7, 2020

Father may utilize any qualified licensed and insured driver to do the exchanges. iii. … All subsequent references to “home” under section 8(B) of the plan clearly refer to Pacific County.

Cape George Land Company, Llc, Apps V. Jefferson County, Resp

Court of Appeals of Washington · Oct 28, 2025

do not dispute whether the denial of the BLA applications are a land use decision governed by LUPA. 10 No. 59366-1-II (d) The land use decision is a clearly … Reading these two provisions together, a BLA proposal cannot qualify under RCW 58.17.040(6) if the proposal creates a lot inconsistent with zoning requirements for width and area.

State Of Washington, V. Richard N. Phillips

Court of Appeals of Washington · Sep 15, 2025

Although scientific opinion need not be unanimous, the evidence may not be admitted if there is a significant dispute among qualified scientists in the relevant community. Id. … The pistol with S/N MT49643 clearly visible. A check of that firearm through SnoCom showed it was reported stolen by Tacoma PD. . . .

State Of Washington v. Keayn Dunya

Court of Appeals of Washington · Jan 20, 2015

But nonetheless, and so I think it's recognized by the plaintiff that this was an oversight and clearly it damages Mr. … The record establishes defense counsel specifically agreed that Detective Schwallie could testify that the person in the video appeared "dark complexioned."

Burton v. Clark County

91 Wash. App. 505 · Court of Appeals of Washington · Jul 10, 1998

The required relationship between project and problem is shown by establishing the first and second propositions set forth above, while the required relationship between problem and solution is shown by establishing the third … It is difficult, if not impossible, to see how this is *526 anything more than a ‘land banking’ operation which is clearly in violation of Neb. Const. art.

Ottis v. Stevenson-Carson School District No. 303

61 Wash. App. 747 · Court of Appeals of Washington · Jul 1, 1991

These *759 facts established implied bias within the meaning of RCW 4.44.170(1) and .180(2), and Hurley was not qualified to serve. … Unless it very clearly appears to be erroneous, or an abuse of discretion, the trial court's decision on the fitness of the juror will be sustained. 14 L. Orland & K. Tegland, Wash.

State Of Washington, V Economic Development Board Of Tacoma

Court of Appeals of Washington · May 21, 2019

The contention that litigation support does not qualify as a reportable independent expenditure ignores the express purpose of the FCPA in the context of modern politics. … The declaratory judgment action was clearly “in opposition to” the ballot proposals.

Shantanu Neravetla, M.d. v. State Of Wa, Dept. Of Health

198 Wash. App. 647 · Court of Appeals of Washington · Apr 11, 2017

The statement of charges included a quote of RCW 18.130.170(1) that clearly identified Neravetla’s inability to practice safely occurred because of a mental or physical condition. … The presiding officer did not allow him to testify because the testimony would not have been inconsistent with what Anderson testified to, and did not qualify as rebuttal testimony.

State v. Vermillion

51 P.3d 188 · Court of Appeals of Washington · Aug 5, 2002

Vladovic, 99 Wash.2d 413, 421 , 662 P.2d 853 (1983) (offenses merge where Legislature has clearly indicated that in order to prove a particular degree of crime, e.g., first degree rape, the State must prove not only that … Qualified experts testified that the system is regularly checked and the mobile units are regularly calibrated to insure operational accuracy.

City Of Tukwila v. Sleeping Tiger

Court of Appeals of Washington · Feb 25, 2013

In 2009, King County solicited bids from qualified operators to establish "crisis diversion facilities" in southern King County. … "To find an action 'clearly erroneous,' the Board must be 'left with the firm and definite conviction that a mistake has been committed.'" Id. (quoting Dep't of Ecology v. Pub. Util. Dist.

State v. Hartzell

221 P.3d 928 · Court of Appeals of Washington · Nov 16, 2009

Any remark "that has the potential effect of suggesting that the jury need not consider an element of an offense" could qualify as a judicial comment. Levy, 156 Wash.2d at 721 , 132 P.3d 1076 . … The court concluded the language of the instruction was "clearly discretionary" and nothing in it suggested that the jury "must" infer criminal intent if it found unlawful entry.

State Of Washington, V Dwayne Wright

Court of Appeals of Washington · May 7, 2013

Wright fails to establish that he was prejudiced by his counsel's performance. … Ownership and actual control of a vehicle establish dominion and control."

Key Development Investment, LLC v. Port of Tacoma

173 Wash. App. 1 · Court of Appeals of Washington · Jan 23, 2013

App. 34, 43 , 114 P.3d 664 (2005). ¶48 On the record before us, Trinity’s relationship to the Key-Port LOI contract does not meet this standard and, therefore, Trinity fails to qualify as a third-party beneficiary. … The Ettls clearly told Austin about the existence of a potential LID assessment, but they did not disclose the potential assessment amount; this omission implicated, but ultimately did not run afoul of, the sellers’ “duty

State Of Washington, V. Robert L. James

Court of Appeals of Washington · Sep 5, 2023

But joinder is inappropriate “if it will clearly cause undue prejudice to the defendant.” Bluford, 188 Wn.2d at 307. … Juror 68 raised their hand to answer “yes” to counsel’s question but qualified their response.

Sara L. Lacy, App/cross-resp v. Snohomish County, Resp/cross-app

Court of Appeals of Washington · Oct 5, 2020

Brown, 139 Wn.2d 757, 780-81, 991 P.2d 615 (2000) (holding that state qualified immunity does not bar state claims for assault and battery when excessive force is used in effectuating an arrest). … See Staats, 139 Wn.2d at 778 (Under state law, an officer is entitled to qualified immunity “‘when the officer (1) carries out a statutory duty, (2) according to procedures dictated to [them] by statute and superiors, and

State Of Washington v. James Bradley

Court of Appeals of Washington · Jun 16, 2014

This argument lacks merit, because the record clearly shows that Bradley was hiding in a shed in his own backyard. … Walker cannot be read as support for No. 71647-6-1/8 the proposition that there is a minimum period of time that must pass before the intent element of theft is established.

State Of Washington v. Robert Ray Abbett

Court of Appeals of Washington · Mar 24, 2020

Abbett asserts that his counsel should have insisted on the playing of the full video because its entirety “would clearly [have] established what really happened.” SAG at 8. … Nevertheless, Abbett does not indicate whether establishing what really happened would have benefited or prejudiced him.

Lake Whatcom Railway Company, App. v. Karl Alar And Jeanine Alar, Res.

Court of Appeals of Washington · Feb 3, 2014

and expressly limits or qualifies the interest conveyed.23 The 1931 deed contains no language clearly and expressly limiting or qualifying the interest conveyed. … CONCLUSION Lake Whatcom Railway fails to establish that the trial court's decisions violated federal law.