Case law

Holden-mcdaniel Partners v. City Of Arlington

Court of Appeals of Washington · Oct 31, 2016

We generally give words their ordinary and usual meaning unless the entirety of the agreement clearly demonstrates a contrary intent. Hearst Commc'ns, Inc. v. … That case considered whether the "confession of judgment" at issue in that case could qualify as a judgment on the merits.

State Of Washington, V Jason R. Garcia

Court of Appeals of Washington · Mar 28, 2023

Not all pauses in court proceedings will qualify as a sidebar. In State v. … Further, the sidebar was clearly conducted to avoid disrupting the flow of the trial.

Personal Restraint Petition Of John Paul Beckmeyer

Court of Appeals of Washington · Feb 10, 2026

Establishing “actual and substantial prejudice” means more than showing a possibility of prejudice; the petitioner must establish that if the alleged error had not occurred, the outcome more likely than not would have … Beckmeyer clearly attempted “to cause bodily injury by unlawful force.” Arntsen, 2 Wn.3d at 724. And while two shots hit McDonald, seven shots did not.

State Of Washington v. Larry Tarrer

Court of Appeals of Washington · Feb 9, 2016

The State’s offer of proof, made immediately after the trial court’s remarks, clearly shows what the trial court anticipated: that the State would offer evidence that Tarrer was a drug dealer. … Here, the only two instances of improper argument that Tarrer establishes are the prosecutor’s appeals to the jury’s sympathy.

Estate Of: Berthold R. Forderer And Emilie L. Forderer, Alex Forderer

Court of Appeals of Washington · Apr 13, 2020

Here, the trial court concluded the evidence clearly and convincingly demonstrated Alex had wasted and mismanaged the estate. … The unchallenged findings establish that Alex “mismanaged at least $100,000 in Estate assets” by not reporting them.

Ron Fode v. Dep't of Ecology

Court of Appeals of Washington · Dec 18, 2025

Consequently, Ecology established criteria to prioritize certain water rights applications over others. Id. at 378-79. … RCW 90.03.600 clearly contemplates “per day” penalties for violations.

State of Washington v. Stephen R. Jackson

Court of Appeals of Washington · Jan 9, 2018

To qualify for a departure, a mitigating circumstance must be atypical for the defendant’s class of conviction. … Jackson’s failure to appear are supported by the record and are not clearly erroneous.

State Of Washington, V. Marvin J. Talavera-hernandez

Court of Appeals of Washington · Mar 27, 2023

motion of any party shall either appoint or request the secretary to designate a qualified expert or professional person, who shall be approved by the prosecuting attorney, to evaluate and report upon … Talavera was clearly drawing the 7 For example, when explaining his lack of participation in voir dire, Talavera explained, “For me, they are not the ones that decide.

In The Matter Of The Estate Of: Timothy G. Burgman

Court of Appeals of Washington · Apr 28, 2026

The document said, “Disability may be established by a written statement of a qualified physician regularly attending [Burgman].” Id. … He is also able to state his wishes clearly at this time.

Sheila M. Larose v. Dli

Court of Appeals of Washington · Jan 27, 2020

We stated that stress from exposure to a sudden and single traumatic event can qualify as an industrial injury under RCW 51 .08.100. Rothwell, 149 Wn. App. at 780. … Hunt establishes the interrelationship between “stress” and “trauma” in diagnosing PTSD.

Robert A. Childress v. Boeing Aerospace Operations & Allied Barton Sec. Svcs. Llc, Resps.

Court of Appeals of Washington · Apr 29, 2019

Thus, the ordinary man might well regard a horse upon which he is riding as part of his personality but, a passenger in a public omnibus or other conveyance would clearly not be entitled so to regard … "To qualify as a public policy for purposes of the wrongful discharge tort, a policy must be 'truly public' and sufficiently clear." Danny, 165 Wn.2d at 208 (citing Sedlacek v.

Personal Restraint Petition Of Hach Pheth

Court of Appeals of Washington · Dec 6, 2021

“[Because] the trial transcript is in English, [ ] errors in interpretation will not be manifest unless a party has repeatedly complained about the inaccuracy of the interpretation.”); Marina Hsieh, “Language-Qualifying Juries … But that limited information does not clearly establish that Pheth’s trial counsel actually threatened to withdraw if Pheth expressed his concerns to the trial court regarding his inability to understand the interpreters

Ahmad Qayoumi v. Sahar Jalal (fka Sahar Qayoumi)

Court of Appeals of Washington · Feb 21, 2024

Based on the home’s value and outstanding insufficient evidence to establish April 2012 as the parties’ date of marriage, and that “the date that these parties were married was October 12th of 2012.” 2 Verbatim Rep. of … More importantly, clearly established precedent requires us to review a trial court’s disposition of property under RCW 26.09.080 for an abuse of discretion.

Jeremy Vahle, An Individual v. City Of Lakewood, A Municipal Corporation

Court of Appeals of Washington · Oct 27, 2020

The Commission used the exam scores to establish a “Register,” or a list of qualified candidates certified for the promotion, ranked in numerical order from the highest scoring candidate to the lowest scoring candidate.2 … The holdings in Washington Federation of State Employees, Weber, and Greig clearly state that the terms and conditions of public employment do not give rise to contractual rights of any form.

In Re The Dependency Of N.p. Kate Daniels v. Dshs

Court of Appeals of Washington · Jul 8, 2019

least six months [and] . . .; (f) That continuation of the parent and child relationship clearly diminishes the child’s prospects for early integration into a stable … § 12132.~ It is undisputed that Daniels is a qualified individual and the Department is a public entity.

State of Washington v. Rigoberto Gomez, Jr.

Court of Appeals of Washington · Jun 2, 2026

The trial court clearly did not find his subsequent denials to be credible—a decision we do not second- guess on appeal. See Bergstrom, 199 Wn.2d at 40-41. … such a relationship CP at 52. 6 Gomez also argues, in a single sentence, that community custody condition 8 should be modified to reflect that a polygraph examination can be compelled only if he receives a grant of immunity

Deshaye Harris, V. Seattle Children's Hospital

Court of Appeals of Washington · May 13, 2024

immunity if there were not liability. … In her deposition when she was asked if her abuse had affected her in any other way, she clearly answered “no.”

State Of Washington, V. Michael Frazer

Court of Appeals of Washington · Oct 11, 2022

Conrady said that she remembered the incident very clearly and proceeded to describe what had happened to her. … But the no-contact order clearly stated that Frazer was prohibited from contacting Conrady through any means beginning on September 29, 2020 for a period of five years.

In Re The Estate Of: John J. Belarde Steve Belarde, Res. And John F. Belarde, App.

Court of Appeals of Washington · Sep 8, 2020

The sole member of the Trust is Belarde Holdings LLC, which John Sr. established in 2011. John Sr.’s residence and two properties in Alaska were in the Trust. … Competing expert opinions cannot be the basis for fraud if the representation is clearly communicated as an opinion. Heigis v. Cepeda, 71 Wn. App. 626, 633, 862 P.2d 129 (1993).

State Of Washington v. Charles R. Gotcher

Court of Appeals of Washington · Feb 23, 2016

And so therefore, I believe, Counsel, [ Gotcher] doesn’ t qualify for this Court to be more lenient than what the standard ranges are, because it’s— I’m placed in the position of, I didn’ t do anything wrong … Second, Gotcher cannot show the required level of prejudice to establish a Brady violation.