Case law

James Craven v. Employment Security

Court of Appeals of Washington · Apr 2, 2013

As our Supreme Court explained in Tapper, 2 Analytically, resolving a mixed question of law and fact requires establishing the relevant facts, determining the applicable law, and then applying that law to … These comments clearly evince a complete disregard for the College's reasonable policies concerning inappropriate work place behavior.

R.n., J.w., & S.c., V. Kiwanis International

Court of Appeals of Washington · Oct 12, 2021

in a conflict of interest with his contract at DLI, and that none of the DLI recipients placed at KVH 4 No. 53957-8-II received any promised training and were not qualified … A corporate officer who takes no part in a tort committed by the corporation is generally not personally liable to third persons for such tort, but “this immunity vanishes if such corporate officer knowingly participated

Mariano Romulo, V. Seattle Public Utilities, Et Ano.

Court of Appeals of Washington · Nov 28, 2022

Please be reminded that my expectation of you, which has been communicated clearly and often, is that you stay focused on your primary Senior work duties.” … App. 611, 615, 620 P.2d 103 (1980) (trial court’s failure to instruct on a theory was not prejudicial where the jury’s verdict clearly indicated that the evidence did not establish a necessary element of the theory).

State Of Washington, V William L. Carter

Court of Appeals of Washington · Apr 29, 2014

We discuss these allegations separately to determine whether they qualify as newly discovered evidence requiring a new trial. 1. … Failure to establish either prong is fatal to an ineffective assistance of counsel claim.

State Of Washington, V. Derrick Stephen Fesinmeyer

Court of Appeals of Washington · Apr 22, 2024

Prior to trial, the defendant offered to stipulate that he had been convicted of a qualifying felony. Id. at 175. … The context of the entire case does not establish a substantial likelihood that the prosecutor’s improper statement affected the jury’s verdict.

State of Washington v. Jason Dean Flett

Court of Appeals of Washington · Jul 26, 2016

It is not clearly erroneous. II. LFOs Mr. … Flett has not established ineffective assistance of counsel. We affirm.

Jensen v. Beaird

40 Wash. App. 1 · Court of Appeals of Washington · Mar 4, 1985

However, negligence is not presumed, and the plaintiff has the burden of establishing it by substantial *15 evidence. Charlton v. Baker, 61 Wn.2d 369 , 378 P.2d 432 (1963). … Whether a witness qualifies to give expert opinion is left to the trial court's discretion. Gerard v. Peasley, 66 Wn.2d 449 , 403 P.2d 45 (1965).

State Of Washington, V. Jonathan Joshua Oson

Court of Appeals of Washington · Sep 12, 2022

In Washington, a search warrant must clearly state what it sought and must be limited in scope to the probable cause established in the supporting affidavit. Keodara, 191 Wn. App. at 312. … The record not clearly establishing what trial counsel knew or didn’t know is not enough to preclude review. -19- No. 83439-8-I/20 C.

Dependency Of A.e.t.h., Dob: 2/24/13

Court of Appeals of Washington · Aug 12, 2019

appearance of trying to send home a message to defense counsel that Superior Court Judges were personally involved in opposing their motion and personally siding against them with the VGAL Program staff attorney who had clearly … . 20 No. 76964-2-1/21 The Department argues that Judge Farris’s signature and entry of the final order on termination required no exercise of discretion and therefore qualified

In re: H. T.

Court of Appeals of Washington · Apr 30, 2015

and immunizations. A.L.'s teeth rotted and caused her pain. On May 18,2012, the State filed a dependency petition for all three of 1.L.'s children. … The presumption shall not arise unless the petitioner makes a showing that all necessary services reasonably capable of correcting the parental deficiencies within the foreseeable future have been clearly

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.

State v. Bander

150 Wash. App. 690 · Court of Appeals of Washington · Jun 8, 2009

The core concern under Frye is whether the expert testimony or other evidence being offered is “based on an established scientific methodology.” State v. Russell, 125 Wn.2d 24, 41 , 882 P.2d 747 (1994). … ER 702 governs the admission of expert testimony: “If 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

State of Washington v. Lance A. Thomason

Court of Appeals of Washington · Apr 6, 2021

Thomason did not qualify for drug court. Mr. … Thomason clearly asked for an exceptional downward sentence of 12 months. This placed the issue of an exceptional sentence before the court. State v.

Personal Restraint Petition Of Randy Smith

Court of Appeals of Washington · Sep 2, 2025

We conclude that Smith fails to establish a factual basis to question his competency to stand trial. Accordingly, we deny the petition. … Based on Smith’s criminal history, the trial court found that Smith qualified as a persistent offender under Washington’s Persistent Offender Accountability Act, RCW 9.94A.030(37), .570.

James Osborne v. Recreational Equipment, Inc.

Court of Appeals of Washington · Nov 7, 2016

To establish a prima facie case for failure to accommodate, the employee must show (1) he had a sensory, mental, or physical abnormality that substantially limited his ability to perform the job; (2) he was qualified to … for the open position or reassignment.191 Although jury instruction 7 does not use the phrase "interactive dialogue," as Osborne pointed out in closing argument, the instruction clearly addresses REI's obligation

Jean Margaret Walsh, Appellant/cross-resp. V. Kathryn Louise Reynolds, Respondent/cross-app.

Court of Appeals of Washington · Aug 27, 2024

In 2017, the trial court issued a qualified domestic relations order (QDRO) transferring the aforementioned award, which had appreciated to $244,083, to Reynolds. … In the present appeal, Walsh does not argue that the prior determination was clearly erroneous.

State of Washington v. Robert Patrick Maykis

Court of Appeals of Washington · Jul 8, 2021

Relevancy means a logical nexus between evidence and the fact to be established. Keisel v. Bredick, 192 Wash. 665, 669, 74 P.2d 473 (1937). … Because we find that a rock clearly and plainly falls within the definition of an implement, we do not consider Mr.

International Union v. Port of Seattle

164 Wash. App. 307 · Court of Appeals of Washington · Oct 17, 2011

our Supreme Court, the WLAD embodies “ ‘public policy of the highest priority,’ ” 21 the “overarching purpose” of which is “ ‘to deter and to eradicate discrimination in Washington.’ ” 22 It has also stated that the WLAD “clearly … together prohibit public officers from knowingly making false statements and require prosecutors to disclose exculpatory evidence, including an officer’s dishonesty. 49 The court held that those laws were inadequate to establish

Fox v. DEPT. OF SOCIAL & HEALTH SERVICES

158 P.3d 69 · Court of Appeals of Washington · May 1, 2007

Legislature amended the SVP Act, the State moved for summary judgment, arguing that the amendment's language allowed the trial court to order or to hold a full evidentiary recommitment hearing only if the SVP demonstrated a qualifying … RCW 71.09.020(16). [21] The legislature is clearly concerned about Dr. Wollert's proposed testimony. The concern can be addressed by measuring Dr.

State of Washington v. John Louis Vassallo Jr.

Court of Appeals of Washington · Mar 10, 2026

Evidence, in at least some detail, about Cordell’s prosecution and the resulting family rift was clearly relevant to explain not only the location of the incident but also the relationships of the participants and the … Prejudice is established by showing a substantial likelihood that the prosecutor’s misconduct affected the verdict. Id.