Case law

Personal Restraint Petition Of: Matthew L. Christenson

Court of Appeals of Washington · May 31, 2022

And the court did not clearly indicate whether a change in Christenson’s offender score would change the court’s sentence. … The evidence is also sufficient to establish Christenson knew he was acting without legal authority.

State Of Washington, Resp/cross-app V. Brett Harold Grimnes, App/cross-resp

Court of Appeals of Washington · Aug 26, 2024

Grimnes also argues that the State cannot establish beyond a reasonable doubt that the unconstitutional use of restraints was harmless. … The record clearly supports the trial court’s determination.

State v. Littlefair

51 P.3d 116 · Court of Appeals of Washington · Aug 2, 2002

(k) The judge may sentence me as a first time offender instead of giving a sentence within the standard range if I qualify under RCW 9.94A.030 (20).... … The second and fourth sentences establish presumptions to be used when determining whether the defendant was properly advised.

State Of Washington v. William Alvarez-calo

Court of Appeals of Washington · Dec 27, 2018

Evidence that Yeto had bailed Calo out of jail suggests that Calo had prior arrests, which would qualify as evidence of other crimes and is, therefore, potentially subject to ER 404(b). … Accordingly, Calo does not establish deficiency. See In re Pers.

North Kitsap School District v. K.W.

130 Wash. App. 347 · Court of Appeals of Washington · Nov 15, 2005

The IEP team establishes annual and short-term special education goals and the location of appropriate services. 20 U.S.C. § 1414 (d). … Thus, “ ‘procedural inadequacies that result in the loss of educational opportunity, or seriously infringe on the parents’ opportunity to participate in the IEP formulation process, clearly result in the denial of a FAPE.

Beth Gonzales, V. Anthony Scott Camp

Court of Appeals of Washington · Mar 10, 2025

But our Supreme Court clearly has held that such writings are only “generally” required to show the intent to transmute real property. Id. … App. at 685, where this court held, on the other hand, that a trial court “may award” or “may distribute” property that would qualify as community property.

Jdh Cranberries, Llc v. James J. O'hagan, Et Ux

Court of Appeals of Washington · Aug 15, 2017

“The party seeking to overcome that presumption must provide specific facts establishing bias.” Davis, 152 Wn.2d at 692. “Judicial rulings alone almost never constitute a valid showing of bias.” … JDH also discussed our inherent authority to impose sanctions, but JDH did not clearly request that we impose sanctions on O’Hagan.

State of Washington v. Craig Scott Burton

Court of Appeals of Washington · Nov 9, 2017

Here, the facts clearly demonstrate beyond a reasonable doubt that, while the Defendant, Mr. … To qualify for a downward departure under RCW 9.94A.535(l)(e), the record must establish not only the existence of the mental condition, but also a connection between the condition and significant impairment of the defendant's

North Kitsap School Dist. v. KW

123 P.3d 469 · Court of Appeals of Washington · Nov 15, 2005

The IEP team establishes annual and short-term special education goals and the location of appropriate services. 20 U.S.C. § 1414 (d). … s file before placement, and staff were qualified to assess K.W.'

State Of Washington, V. Treyvone Ishaq

Court of Appeals of Washington · Oct 21, 2025

Ishaq came to the door right around Thanksgiving and was clearly 5 59578-8-II armed and he was looking for Sandy. . . . … decline to review the issue for the first time on appeal. 17 Our Supreme Court has previously explained that an individual “being charged, convicted, and sentenced pursuant to an unconstitutional charging statute qualifies

State Of Washington, V. Cordonte Walker

Court of Appeals of Washington · May 26, 2026

-6- No. 86447-5-I/7 prohibited conduct, and resulting guilty verdicts, clearly establishes that the conduct underlying each crime is, in fact, distinct. … On direct examination, Walker asked if Luker was familiar with “studies about the reliability of eyewitness accounts of traffic accidents” and the State objected, initially on the basis that Luker was not qualified to offer

Klickitat Land Preservation Fund v. Klickitat County

Court of Appeals of Washington · Oct 11, 2023

(emphasis added); 49 (clearly erroneous); 53 (clearly erroneous and not supported by substantial evidence); 59 (same); 62 (same). … The record established that the speed limit on most of Oak Ridge Road is 25 m.p.h.

Jean Hagel, V Duke N. Bui

Court of Appeals of Washington · Mar 3, 2025

His “vision” for what would qualify as a “boat” was if it floats “[i]t’s a boat.” Personal property was not meant to be left on the dock. … Based on the findings of fact supported by substantial evidence and those conclusions of law that follow, the Hagels established at trial that the Buis breached the Agreement in four ways.

State of Washington v. Ericka Lynn McCandless aka Ericka Lynn Heller

Court of Appeals of Washington · Jan 31, 2019

A driver being pursued by police who collides with another driver, whether it be an officer or an unlucky civilian who crossed paths with the pursuit, is not immunized by the failure to remain statute merely because she … Heller has not established her argument.

State Of Washington, V. David Lee Morris

Court of Appeals of Washington · Jan 22, 2024

A witness may qualify as an expert by knowledge, skill, experience, training, or education. ER 702. … We conclude that the court’s finding was not clearly erroneous.

State of Washington v. Jerry Ray Mears, Sr.

Court of Appeals of Washington · Dec 15, 2015

Now, he clearly also made threats. Could that be intimidating? Absolutely. … To establish ineffective assistance of counsel, a defendant must show both deficient performance and resulting prejudice. Id.

Oma Construction, Inc., V. Department Of Labor And Industries

Court of Appeals of Washington · Apr 29, 2024

Matter of Estate of Lint, 135 Wn.2d 518, 532-33, 957 P.2d 755 (1998). 3 No. 85203-5-I/4 immunity to employers from civil suits initiated by their workers and provided workers … Stated otherwise, there is no authority, and we decline to create any, that the Department must show that an employer acted in bad faith to establish a claim of knowing misstatement.

Michelle Merceri V. Dept. Of Transportation

Court of Appeals of Washington · Apr 1, 2024

6 No. 85865-3-I (linked with No. 85690-1-I)/7 motion to dismiss the appeal, Wachsmith argued the portion of the judgment awarding such fees was not appealable because they did not qualify … We said RCW 8.25.075 “clearly manifests a legislative intent that if a condemnor 15 No. 85865-3-I (linked with No. 85690-1-I)/16 chooses to take property without instituting

Michelle Merceri, V. State Of Wa Dept. Of Transportation

Court of Appeals of Washington · Apr 1, 2024

6 No. 85865-3-I (linked with No. 85690-1-I)/7 motion to dismiss the appeal, Wachsmith argued the portion of the judgment awarding such fees was not appealable because they did not qualify … We said RCW 8.25.075 “clearly manifests a legislative intent that if a condemnor 15 No. 85865-3-I (linked with No. 85690-1-I)/16 chooses to take property without instituting

John Does 1-4 V. King County

Court of Appeals of Washington · Sep 7, 2021

The PRA establishes specific grounds that exempt a record from release. See, e.g., RCW 42.56.210-.480. … State Patrol, 185 Wn.2d 363, 371, 374 P.3d 63 (2016). 6 No. 81814-7-I/7 The Does argue that RCW 13.50.050 qualifies as an “other statute” exemption under the PRA prohibiting