Case law

State v. Barnes

932 P.2d 669 · Court of Appeals of Washington · Apr 18, 1997

On Monday afternoon the jury sent the following note to the court: We reviewed the instructions— thoroughly, per your request and understand them clearly. … Specifically, he argues that because predicate act 8, possession with intent to deliver marijuana, involved only him, it fails to qualify as a predicate act.

Transport Indemnity Co. v. Sky-Kraft, Inc.

48 Wash. App. 471 · Court of Appeals of Washington · Jul 14, 1987

of a person's actions might best be ignored in determining the coverage of an insurance policy designed to protect one from the consequences of one's own negligence, especially where the language of the policy does not clearly … The record fails to establish whether VFR or IFR weather conditions prevailed at Pearson Airpark at the time of Schaefer's departure.

Henderson v. Tyrrell

80 Wash. App. 592 · Court of Appeals of Washington · Mar 14, 1996

Lapan clearly was unsure about various details, and he expressed his uncertainty by refusing to be pinned down. See United States v. … Brady, a pathologist, was not qualified on the standard of care in hospital emergency rooms. Dr.

Davis v. Davis Wright Tremaine, LLP

14 P.3d 146 · Court of Appeals of Washington · Dec 11, 2000

The analytical shortcoming of such a desire to categorize causes of action manifests itself most clearly in an action for legal malpractice. … The argument is contrary to the well-established rule that an action accrues as soon as the plaintiff knows the facts supporting all elements of his action. Dr.

Lynn Epley, V. Department Of Social & Health Service Services Board

Court of Appeals of Washington · Feb 8, 2022

Clearly, Lynn knew that her actions were intended to inflict punishment on S., which equates to abuse. RCW 74.34.020(2); Crosswhite, 197 Wn. App. at 551. … 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.

In Re The Marriage Of: Richard J. Kirschner & Laura Ann Drybread

Court of Appeals of Washington · Aug 3, 2021

“Disabled” shall be defined as that condition required by the U.S. government to qualify for social security disability benefits. … Kirschner also argues that the superior court erred because Drybread did not seek declaratory relief establishing that Kirschner and Karen were in a CIR and the superior court did not analyze the legal factors to establish

In Re The Marriage Of: Irlanda Diaz-rodriguez, V. Jose Marcelo Tenesaca

Court of Appeals of Washington · Nov 1, 2021

The father fails to establish an abuse of discretion. C. … The father does not establish that the trial court erred in this regard. V.

State of Washington v. Freddy Munoz Razo

Court of Appeals of Washington · Jul 13, 2021

The State bears the burden of establishing the comparability of out-of-state convictions. State v. Ford, 137 Wn.2d 472, 479-80, 973 P.2d 452 (1999). … The mental defects of the witness were clearly demonstrated to the trial court and jury by the extreme state of nervousness.

Montgomery v. Engelhard

188 Wash. App. 66 · Court of Appeals of Washington · Jun 2, 2015

The trial court did not resolve this issue that clearly was raised and responded to by the parties. Nor, on appeal, did Mr. … That is, to establish liability under the implied warranty of habitability, the plaintiff must establish that the defendant is both a builder and a vendor. Ms. Montgomery’s argument that she is not suing Mr.

Jerry Kesselring v. Donald L. Kesselring

Court of Appeals of Washington · Apr 6, 2020

Jerry contends that the trial court erred in applying the business judgment rule to immunize Donald’s and Keith’s mismanagement, that the evidence does not support the court’s findings of fact and conclusions of law, and … “An appellate court may not substitute its findings for those of the trial court, even if the reviewing court would have resolved a factual dispute the other way unless the findings of the trial court are clearly unsupported

Personal Restraint Petition Of: Michael Vasiliy Kolesnik

Court of Appeals of Washington · Feb 5, 2024

The Department contends that RCW 10.93.160(10) expressly allows the Department to manage the placement and classification of those in its physical custody by assigning all inmates who qualify for minimum 4 Other … To the extent that custody classification and placement is a service, benefit, privilege, or opportunity to incarcerated individuals, RCW 10.93.160(10) clearly allows the Department to assign individuals who have immigration

William Dussault, V. Washington State University, Respondent's

Court of Appeals of Washington · Dec 12, 2022

Daniel Repplinger to establish the impact of Matthew’s alcohol consumption that night. Dr. … The court clearly was not willing to allow Dussault to obtain such a legal ruling without Dussault properly putting the issue before it in a dispositive motion.

State Of Washington, V Carl Louis Warner

Court of Appeals of Washington · Feb 3, 2015

However, a hearsay statement is admissible if it qualifies as an "[ e] xcited [ u] tterance," that is, if it "relat[ es] to a startling event or condition made while the declarant was under the stress of … Under these precedents, whether the trial court abused its discretion in admitting the 911 recording depends on ( 1) whether the record clearly establishes that Norvey said something false to the operator and, if

Dependency Of K.s., Dob: 12/20/13, Dshs, Resp v. Michelle Frank

Court of Appeals of Washington · Jun 19, 2017

Even so, Archibald clearly had knowledge of and sensitivity to Indian culture and expertise beyond the usual social worker qualifications. … The finding is supported by testimony indicating that Frank had moved to the area and the children had no established relationships with health care providers.

Michan Rhodes, Et Ano. v. Emily Sharp, Et Ano.

195 Wash. App. 235 · Court of Appeals of Washington · May 31, 2016

Rains contends Rhodes failed to establish all five elements. … Rains contends that Rhodes cannot complain about being charged $415 per hour because she signed the retainer agreement, which clearly stated $415 as the rate for a "Senior Attorney."

State Of Washington, V Steven Lee Walthall

Court of Appeals of Washington · Nov 25, 2024

At no time did defense express surprise or confusion that such an act could qualify as “any crime” for the crime of identity theft in the second degree. … To the extent that misconduct occurred, Walthall has not established a basis for reversal.

State Of Washington, Res. v. Dwight David Benson, App.

Court of Appeals of Washington · Sep 16, 2013

No. 68075-1-1/3 Based on his four prior qualifying convictions within the previous 10 years, Benson was charged with felony DUI.4 He was also charged with reckless driving,5 and driving while license revoked in … Benson fails to demonstrate that the trial court ruling was clearly erroneous. Accordingly, we affirm his convictions.

Timothy P. Merriman v. Whatcom County

Court of Appeals of Washington · Sep 9, 2013

This clearly indicates the County's intent to retain Merriman as an employee and work with him to resolve his unpaid leave status. … Under this limitations period, Merriman's failure to accommodate claim clearly fails. Merriman originally requested accommodation in April 2004.

In Re The Detention Of: Charles Urlacher

Court of Appeals of Washington · Jul 30, 2013

The trial court admitted 11 images the State had selected, with the understanding that the State's expert would establish their evidentiary value. RP 396. … The "general acceptance" 3 consideration is clearly based on Frye. State v.

State of Washington v. Jesus Duarte Vela

Court of Appeals of Washington · Sep 5, 2017

His whereabouts during the seven years between then and the shooting were not clearly established: At some point after 2007 he had been incarcerated, in May 2012 border patrol agents returned him to Mexico and, in February … Those statements are declarations that qualify as admissible hearsay under the noted exception. (c) Remoteness i.