Case law

State Of Washington v. Sebastian Guajardo

Court of Appeals of Washington · Oct 28, 2019

So what that means is that you right now as you sit are not qualified to serve as a juror on our case. … The trial court was clearly focused on whether the process had resulted in restoration, not whether the process was initiated by the prospective juror.

John J. Hadaller v. Mayfield Cove Estates Homeowners Assoc.

Court of Appeals of Washington · Jan 24, 2017

To qualify under this exception, a homeowners’ association must give notice “within thirty days from the date the association learns of a new owner, but in all cases the notice must be given prior to the initiation of a … Despite this, Hadaller does not cite a controlling change in precedent, and he does not argue that our decision was clearly erroneous.

Kenneth Taylor Curry, V. Vancouver Housing Authority

Court of Appeals of Washington · Jun 14, 2022

However, regardless of the merits of Curry’s contract claim, his claim for breach of contract is clearly not barred by the statute of limitations. … First, the prosecution in this case would impair the rights established in the federal suit.

State of Washington v. John Edward Roach

Court of Appeals of Washington · Feb 3, 2026

properly addressed an ineffective assistance of counsel claim by relying on evidence that was not properly presented and by disregarding the lower court’s conclusion regarding whether a forensic expert was a properly qualified … But the mere absence of physical or scientific evidence is not enough to establish that the evidence was insufficient to support the convictions.

In the Matter of the Welfare of: Z.M.Y.

Court of Appeals of Washington · Jun 15, 2021

Williams spoke, and it was their belief that “clearly something happened.” RP at 138. … Troutman’s therapy sessions would qualify as nonoffender services.

State Of Washington, V. Anthony William George, Sr.

Court of Appeals of Washington · Apr 18, 2022

Regardless of operability, the Harrington .22 rifle qualified as a firearm under the existing law. … Here, the prosecutor clearly elected the Harrington .22 rifle as the basis for the firearm enhancements.

State Of Washington v. Tonya Quinata

Court of Appeals of Washington · Apr 29, 2014

STANDARD OF REVIEW To establish prosecutorial misconduct, Quinata has the burden of establishing that the challenged conduct was both improper and prejudicial. State v. … Quinata fails to establish prosecutorial misconduct on this ground. 13 C.

State Of Washington, V. Aiden Fetters

Court of Appeals of Washington · Feb 18, 2025

In short, Fetters does not establish that his counsel likely would have succeeded because the statements were not clearly impermissible opinion. … The State did not establish mere unlawful entry.

State of Washington v. Darnai Leon Vaile

Court of Appeals of Washington · May 11, 2023

Vaile’s statement was clearly an excited utterance. At the time Vaile made his statement, he was under the stress of being hit with batons, taken to the ground by three or four deputies and handcuffed. … It still qualifies as hearsay however.

State Of Washington v. Michael Wayne Brown

Court of Appeals of Washington · Mar 1, 2021

The jury’s verdict establishes the existence of those facts and circumstances which are elements of the crime. … -9- No. 80691-2-I/10 Discussion To establish that the rapid recidivism aggravator applies to a case, the State must establish

Personal Restraint Petition of Aleksandr v. Pavlik

Court of Appeals of Washington · Mar 24, 2016

The first sentence of the instruction clearly states that it is a defense to the charges of attempted murder and/or first degree assault that first degree assault and/or attempted murder was "justifiable as defined in … Cross-examination is a matter of trial strategy that typically is immune from challenge as long as it falls within the range of reasonable representation. In re Pers.

State of Washington v. David Salmeron

Court of Appeals of Washington · Oct 17, 2024

RCW 9A.46.020 establishes the crime of harassment. The three felony harassment charges occurred between January 1, 2021 and February 28, 2021. … excessive or clearly too lenient.

Gillian Marshall, V. University Of Washington

Court of Appeals of Washington · May 2, 2023

Young thought that Marshall was highly qualified. Young met with several qualified candidates, and four of the five top candidates were people of color. … And almost every person and committee that evaluated Marshall noted that she clearly met expectations regarding research and scholarship.

Kitsap County, V Kitsap Rifle And Revolver Club

Court of Appeals of Washington · Jan 30, 2018

Second Contempt Hearing At the second contempt hearing, the County argued that the Club had not met its burden of establishing an inability to pay the expenses of the permit process. … And the few cases discussing remedial sanctions do not clearly require an express finding.

State Of Washington, V Spencer Lawrence Oberg

Court of Appeals of Washington · May 6, 2014

Thus, the court clearly complied with RCW 9. 94A.607( 1) as to this cause number. … admitted the parties and the court discussed at length how Oberg' s drug use contributed to his offenses; 3) the record clearly establishes that the court found that Oberg had a chemical dependency and that this chemical

State Of Washington, V Leanne M. Bechtel

Court of Appeals of Washington · Feb 24, 2015

ADMISSIBILITY OF EXPERT TESTIMONY Bechtel concedes that Hayes was a qualified expert in the field of biomechanics. … We will reverse a trial court' s denial of a new trial motion only where the moving party clearly shows that the trial court abused its discretion. Id. 1.

State of Washington v. Brandon William Cate

Court of Appeals of Washington · Feb 26, 2019

The exhibit listed the stolen tools with a value established by Bowling. … According to Kleist, a price tag only establishes one retailer’s sales price, but does not constitute the fair market value.

Sandeep Arugonda, Resp/x-app. V. Keerthi Ananthula, App/x-resp.

Court of Appeals of Washington · Feb 18, 2025

establish that this is not the case. … This excerpt from the report of proceedings clearly establishes that after explaining why there was minimal prejudice from the admission of the untimely appraisal, the judge ensured that Ananthula had further opportunity

Stacie Cavner, Apps/x-resps v. Continental Motors Inc., Resp/x-app

Court of Appeals of Washington · Mar 18, 2019

Nevertheless, even were the doctrine to apply, Plaintiffs must still establish the existence of multiple errors. … McSwain testified the check ball drawing clearly instructed the manufacturer to "remove all burrs."

Janice Geary, V Ing Bank, Fsb

Court of Appeals of Washington · Jul 22, 2014

Here, the record clearly shows that the notice of default and notice of trustee' s sale each gave Geary notice of her right to restrain the sale. … ING' s Qualification To Do Business in Washington Geary first claims that summary judgment was inappropriate because ING produced no proof that it was qualified to do business in Washington as a foreign nonprofit