Case law

State of Washington v. Abdul Rahman Sweidan

Court of Appeals of Washington · Apr 21, 2020

Issue 3: Did the State establish the necessity to present the testimony of Maisa Haddad by video in order to further an important state interest? Answer 3: No. … Sweidan qualify as an important public policy.

State of Washington v. Jacob M. Duenas

Court of Appeals of Washington · Aug 4, 2020

The prosecutor clearly tied that statement to the evidence and did not engage in misconduct. Familiar standards guide our review of this issue. … We have previously stated that three closely connected requirements must be satisfied in order for a hearsay statement to qualify as an excited utterance.

State of Washington v. Mark Reynolds Worth

Court of Appeals of Washington · Nov 16, 2021

Gebbers saw Worth clearly and also recognized the brown pickup as Worth’s because “he drove it all over town.” RP at 435. … Worth argues the State used these “prior bad acts” to establish conformity and propensity to commit the alleged crime rather than to establish motive, intent, or any other permissible reason.

Carolyn And Benjamin Lange, V. C.l.

Court of Appeals of Washington · May 13, 2024

Third, the Court should dismiss claims barred by the parental immunity doctrine. … The court reasoned that “[b]y litigating its claim against [the first tortfeasor] to judgment, Pacific had established the ceiling for the amount of its damages.

Baionne Coleman, V. Impact Public Schools

Court of Appeals of Washington · Feb 12, 2024

It reasoned that “incorporation by reference does not, in itself, establish mutual assent to the terms being incorporated.” Id. at 49. … Viewed in context of the entire sentence, “settled by binding arbitration” means resolving any qualifying dispute or claim out of court through binding arbitration administered by the AAA. 4 Internal

State of Washington v. Daniel Joseph West

Court of Appeals of Washington · Oct 17, 2019

The court in Nguyen noted that the term “romantic” was a “highly subjective qualifier[].” Nguyen, 191 Wn. 2d at 683. … The fact that the term “romantic” is a “highly subjective qualifier[],” id., demonstrates that the term is vague.

Arthur West v. Thurston County

Court of Appeals of Washington · Apr 13, 2023

Thurston County met the good faith standard established in RCW 9A.16.040[4] and satisfied other applicable laws and policies. … The criminal justice training commission must adopt rules establishing criteria to determine what qualifies as an independent investigation pursuant to this section. LAWS OF 2019, ch. 4, § 5.

Steven Beard, V. The Everett Clinic Pllc

558 P.3d 478 · Court of Appeals of Washington · Oct 28, 2024

But if you only give the antibiotics and ignore the lupus flare, the patient’s own immune system won’t be able to function to fight infection. During her testimony, Dr. … “The party challenging an instruction bears the burden of establishing prejudice.” Fergen, 182 Wn.2d at 803.

State Of Washington, V. Roberto Pestana Cruz

Court of Appeals of Washington · Dec 19, 2022

In order to ensure jury unanimity in such cases, our Supreme Court established a rule in State v. … Although the victim testified to two specific incidents that took place during the charging period, which qualified as molestation, her subsequent testimony was generic, as she stated that, “Jensen entered her room at

Kamaljit Singh And Harminder Kaur, Res. v. Harjit Kaur Gill, Harbans Grewal, Apps.

Court of Appeals of Washington · Jan 19, 2016

The trial court was clearly aware that the Grewals were not attempting to prove the account was not closed. … In summary, the record establishes that the trial court exercised its discretion on articulable grounds. See Eugster v. Citv of Spokane. 121 Wn.

State Of Washington, V. Damien Charles Mccarter

Court of Appeals of Washington · Mar 25, 2024

“‘The core concern [of Frye] is only whether the evidence being offered is based on established scientific methodology.’” In re Pers. Restraint of Morris, 189 Wn. … excessive or clearly too lenient.

Carla Thore v. Jason Saunders

Court of Appeals of Washington · Jun 17, 2019

Saunders asked,"[S]ince it's been established that[Saunders] did not have any low back pain and any back of the leg pain prior to the June 2013 accident. . . … Under ER 701 and ER 702, Thore is not qualified to testify as to the force of the impact, and how it relates to injuries sustained.

Church Of The Divine Earth, Appellant/cross V. City Of Tacoma, Respondent/cross

Court of Appeals of Washington · Jan 24, 2023

Specifically, courts need to enter findings of fact and conclusions of law to establish a proper record. Mahler, 135 Wn.2d at 435. … And the record is not clear that Keuhn is qualified as a paralegal or legal assistant.

State Of Washington, V Terrence C. Herndon

Court of Appeals of Washington · Feb 13, 2025

The claim fails if either prong is not established. Id. 1. … Herndon reasons that “[i]t is well established under the common law that a person is immune from liability for the use of reasonable force to recover stolen personal property.” Br. of Appellant at 41.

James A. Kuehn v. Snohomish County

Court of Appeals of Washington · Apr 6, 2015

In 2002, the County determined that Kuehn's medical condition qualified him for leave under the Family Medical Leave Act. … Kuehn's claim is not that the initial accommodation attempt failed, and he does not appear to dispute the effectiveness of the established accommodation plan.

Dependency Of K.o.

Court of Appeals of Washington · Sep 17, 2018

The court acknowledged that although K.O. clearly loved K.H.O. and had made some progress, clear, cogent, and convincing evidence established that K.O.' … K.O. fails to establish a due process violation.

John E. & Shelley A. Erickson v. Deutsche Bank National Trust Co.

Court of Appeals of Washington · Feb 13, 2017

Regardless of whether DBNTC appeared on its own behalf or as a trustee in the federal case, it was clearly "a party to or in privity with a party to the prior adjudication." Hadley, 144 Wn.2d at 311-12. … Under ER 902(i), commercial paper qualifies as a self-authenticating document.

Michael Williams, V Wa State Dept Of Corrections

Court of Appeals of Washington · Feb 21, 2018

The section in which the redacted information is found clearly discusses what tasks an offender could perform with the kiosk. … To establish bad faith, “an inmate must demonstrate a wanton or willful act or omission by the agency.” Id.

State Of Washington, V Michael S. Norris

Court of Appeals of Washington · Aug 5, 2014

FACTS We recite here some of the established facts in Norris' s case as stated in our opinion from his previous interlocutory appeal: On August 16, 2006, United … its concern that viewing the video evidence in the case may violate federal child pornography laws, stating: 3 No. 43927 -1 - II Are immunity

Fidelity National Title Insurance Co., Pltf. V. Arcon Tenant Improvement, Brmk, Resps.

Court of Appeals of Washington · Dec 18, 2023

The amount claimed to be owed for the Construction Work is set forth on Exhibit B attached hereto with the amount owed each subcontractor of Arcon clearly identified on Exhibit B. … There has been no final judgment and, therefore, there has been established no prevailing party.” Estate of Carter, 11 Wn. App. 2d at 589 n.7 (2019). Accordingly, we deny both requests at this time.