Case law

State Of Washington, V. Rigo Roberto Cortez

Court of Appeals of Washington · Aug 26, 2024

As to counts 2 and 3, Cortez argues that there is insufficient evidence to establish child molestation because the evidence does not prove he touched R.A.C.’s “intimate parts.” RCW 9A.44.010(13). … Specifically, Cortez argues that, even if the thigh qualifies as “an intimate body part,” that such “touching does not by itself establish intent for sexual gratification.”

Canal Station Condominium Assn, Resp. v. Ballard Leary Phase Ii, Lp, Et Ano.

Court of Appeals of Washington · Dec 23, 2013

In the alternative, Ballard Leary requested that the trial court bifurcate the case and stay the premature issues until the Association established liability and damages. … as "affiliates" of the Declarant, and/or pursuant to RCW 19.40.011(7) qualify as "insiders" of Declarant and one another.

Thomas Stout, Appellant/cross-respondent V. Dcyf, Respondents/cross-appellants

Court of Appeals of Washington · Jan 21, 2026

Following a shelter care hearing, DCYF is also generally immune from liability to the extent that it is complying with court orders, including shelter care or other dependency orders. RCW 4.24.595(2). … While at Stout’s property, they clearly explained why they were there and photographed the broken glass and the bullet holes at the residence.

Sebastian Scheiff v. Julie Carey Del Moro

Court of Appeals of Washington · Feb 25, 2025

An email sent by Miriam Grant to Sebastian Scheiff and Eiledon McClellan’s agent, Sara Erwin, on June 5, 2021, established that the sellers knew of above-ground tanks. … De/Moro order to qualify for a home loan. Because of our disposition of the appeal on other grounds, we need not and do not address these contentions.

State Of Washington, V. Jason Daniel Cecil

Court of Appeals of Washington · Jul 8, 2025

App. 865, 872, 989 P.2d 553 (1999) (“Evidence tending to establish a party’s theory, or to qualify or disprove the testimony of an adversary, is always relevant and admissible.”), review denied, 140 Wn.2d 1017 (2000). … Here, Cecil has not established that any error, or combination of errors, denied him a fair trial. IV.

State Of Washington v. Robert Samuel Jacobs

Court of Appeals of Washington · Mar 20, 2017

Because Jacobs' convictions were for qualifying sex offenses, the community custody conditions remain in effect for the maximum term of Jacobs' indeterminate sentence— life. RCW 9.94A.507. … One of the recommendations that the Department has clearly indicated, they will require a sexual deviancy evaluation with a State-certified therapist, approved by the community corrections officer and follow

Donald I. Berg, Et Ano. v. City Of Kent

Court of Appeals of Washington · Dec 5, 2016

The grocery store was established in the 1920s. The auto repair shop was established in the 1940s. Prior to 1996, the property was in unincorporated King County. … Island County: The use of property must actually be established prior to the adoption of the zoning ordinance to qualify as a nonconforming use thereafter.

State Of Washington, V William M. Helkenn, Iii

Court of Appeals of Washington · Aug 12, 2024

It stated the following: [T]he Crossguns case is a little bit confusing because it talks about an outmoded doctrine, but it clearly does not do away with [ER] 404(b). … , 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 an expert by knowledge, skill, experience, training, or education, may testify

State Of Washington, V. Wendell Maurice Clark

17 Wash. App. 2d 794 · Court of Appeals of Washington · Jun 2, 2021

To rebut this presumption of reasonableness, a defendant must establish “an absence of any legitimate trial tactic that would explain counsel’s performance.” In re Pers. … Warren, 165 Wn.2d 17, 30, 195 P.3d 940 (2008) (holding that the prosecutor stating testimony “rang out clearly with truth” was presented in context of evidence and not a personal opinion); State v. Robinson, 189 Wn.

State Of Washington, V. Jason Daniel Cecil

Court of Appeals of Washington · Jun 3, 2025

App. 865, 872, 989 P.2d 553 (1999) (“Evidence tending to establish a party’s theory, or to qualify or disprove the testimony of an adversary, is always relevant and admissible.”), review denied, 140 Wn.2d 1017 (2000). … Here, Cecil has not established that any error, or combination of errors, denied him a fair trial. IV.

Allyn Lindemann And Steven Lindemann v. Toyota Motor Corporation

Court of Appeals of Washington · Dec 15, 2014

It is well established in Washington law. See, e.g., Reeder v. Sears, Roebuck & Co., 41 Wn.2d 550, 556-57, 250 P.2d 518 (1952). … Nevertheless, a trial court's failure to give an appropriate instruction on a particular theory can be harmless error if the jury's verdict clearly indicates that the evidence did not establish a necessary element of the

Dependency Of P.s.f. Atiba Fleming v. Dshs

Court of Appeals of Washington · Jul 22, 2013

Whether a time period qualifies as the "foreseeable future" varies with the child's age. ]d. In Hall, the court concluded 8 months was not in the foreseeable future for a four-year-old. Id. at 850-51. … Although the CASA clearly failed in her obligation to contact him, Fleming is unable to show how this failure denied him due process or a fair trial.

State v. Norris

236 P.3d 225 · Court of Appeals of Washington · Jul 27, 2010

But the defense was entitled to copies of the all evidence that was clearly in the State's possession from time to time. … Under our discovery rules, "the burden is on the State to establish, not merely claim or allege, the need for appropriate restrictions." [15] Boyd, 160 Wash.2d at 433 , 158 P.3d 54 .

State v. Norris

157 Wash. App. 50 · Court of Appeals of Washington · Jul 27, 2010

But the defense was entitled to copies of all the evidence that was clearly in the State’s possession from time to time. … Under our discovery rules, “the burden is on the State to establish, not merely claim or allege, the need for appropriate restrictions.” 15 Boyd, 160 Wn.2d at 433 .

State Of Washington v. Michael Todd Fernandez

Court of Appeals of Washington · Dec 27, 2016

The nonviolence of a defendant's past crimes "does not qualify as a mitigating circumstance" because criminal history is one of the components used to compute the presumptive range. Calvert, 79 Wn. … In addition to deciding whether the reasons for a mitigated sentence are adequate, reviewing courts also consider whether the reasons are supported by the record and if the sentence is clearly too lenient.

State Of Washington, V. Maurice Van Thrower

Court of Appeals of Washington · Feb 13, 2023

Here, Thrower’s CrR 7.5 motion for new trial is clearly a collateral attack. … Moreover, performance is not deficient if counsel’s conduct qualifies as a legitimate trial strategy or tactic. Kyllo, 166 Wn.2d at 863. We review ineffective assistance of counsel claims de novo.

State Of Washington, V . Eleanor Angie Estrada

Court of Appeals of Washington · Aug 13, 2018

The State argued the evidence established Estrada was guilty of attempted residential burglary. [W]e're talking about a substantial step. … Expert testimony is admissible if the expert is qualified, relies on generally accepted theories in the scientific community, and the testimony would be helpful to the trier of fact.

State Of Washington, V. Anthony Johnson

Court of Appeals of Washington · Aug 5, 2025

The messages clearly referenced a warning not to make Johnson look stupid, and then threatened the consequence of Johnson “handling” Kiser and BJ. … Johnson did not offer an alternative explanation for the texts—he denied ever sending them, which the jury clearly found not credible.

State Of Washington, V. Sam Voegele

Court of Appeals of Washington · Apr 25, 2022

To establish a violation, Voegele bears the burden of showing that the identification procedure was suggestive. Id. If he fails, the inquiry ends. Id. … This court has held that some police records may qualify as business records under RCW 5.45.020. See Iverson, 126 Wn.

Personal Restraint Petition Of: Vernon Curry, Jr

Court of Appeals of Washington · Jun 15, 2021

ER 702 provides that “[i]f 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 an expert by knowledge, skill … But defense counsel clearly wanted to avoid emphasizing the Y Gang evidence and believed that giving a limiting instruction would create such an emphasis.