Case law

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

State Of Washington, V. Chad Thomas Clark

Court of Appeals of Washington · Dec 8, 2025

Thus, Clark’s sheer presence in a location he was prohibited from being in was well established. The evidence that Clark knew of the order was also well established. … “In order to qualify as the ‘same offense’ for double jeopardy purposes, the two 16 No. 86217-1-I/17 offenses must be the same both in law and in fact.” State v.

Thomas Young, V State L & I

Court of Appeals of Washington · Jul 12, 2022

And the statutes and regulations that he relies on do not support his argument or explain who is qualified to provide expert opinion as a peer. … Merely repeating the facts of the case in the light most favorable to his argument does not qualify as actual analysis or argument.

Gerri S. Coogan v. Borg-warner Morse Tec, Inc.

Court of Appeals of Washington · Feb 19, 2020

Schuster was a qualified expert in internal medicine, and the trial court recognized him as such. The only question then is whether Dr. … Schuster very clearly gave an opinion that a person could have stage 3 cirrhosis with normal liver function tests.

State of Washington v. Blake Andrew Zahn

Court of Appeals of Washington · Jul 9, 2019

“[A]ny remark that has the potential effect of suggesting that the jury need not consider an element of an offense could qualify as judicial comment.” Levy, 156 Wn.2d at 721. … These remarks had the likely effect of suggesting to the jury that they need not consider whether the State proved Zahn possessed heroin because the trial court clearly believed the exhibits were drugs.

State Of Washington, V Robert Doug Pierce

Court of Appeals of Washington · Jan 27, 2015

When read as a whole, the second amended information clearly identified the felony that supported the bail jumping charges and provided Pierce with sufficient notice to prepare a defense. … The court found that Thimons had interviewed Pierce' s witnesses and prepared for trial, and was a qualified attorney. We see no abuse of discretion in the court' s denial of Pierce' s request for new counsel.

In Re The Marriage Of: Katrina L. Beardslee v. Steven F. Beardslee, Jr.

Court of Appeals of Washington · May 17, 2016

The dissolution decree clearly provided that Katrina was responsible for the Scion payments and that she hold Steven harmless from any collection action. … Judge Godfrey did indicate a suspicion of bad faith based on the timing of the abuse allegation, but clearly stated that it was not making a finding.

State Of Washington v. Lynell Avery Denham

Court of Appeals of Washington · Apr 27, 2020

Under a de novo standard, this court is tasked with determining whether the qualifying information as a whole amounts to probable cause. Id. … Neither party disputes that the prior bad conduct occurred or that the evidence itself is Denham’s admission as to how the prior burglaries were conducted; step one is clearly met.

State Of Washington, V Lonzell Devaughn Graham

Court of Appeals of Washington · Jun 28, 2016

“‘Substantive due process seems to have been gradually adopted as the shorthand for individual rights which are not clearly textual.’” … However, this statute provides that “[i]f the Washington state patrol crime laboratory already has a DNA sample from an individual for a qualifying offense, a subsequent submission is not required to be submitted.”

State Of Washington v. Martin Amaya-ontiveros

Court of Appeals of Washington · Jul 31, 2017

The prosecutor clearly used "rape" and "child molestation" to describe separate and distinct acts. … Here, the prosecutor's closing argument also clearly distinguished individual acts of child molestation and child rape.

Ferry County v. Growth Management Hearings Board

Court of Appeals of Washington · Sep 23, 2014

Such action was a mistake and is clearly erroneous. l .... … In its compliance order, the GMHB recited these presumptions, requiring Futurewise "establish that the new adoption is clearly erroneous in view of the entire record before the Board and in light of the goals and requirements

In re the Dependency of: L. M. R.

Court of Appeals of Washington · Feb 14, 2017

We choose not to resolve the relatively close question of whether the evidence is sufficient to establish sexual abuse because it clearly establishes harm to L.M.R.' … Physical abuse therefore qualifies. WAC 3 88-15-009(1 )(b) provides a definition for physical abuse that includes, but is not limited to "[s]triking a child with a closed fist."

Lind Bros. Construction v. City Of Bellingham

Court of Appeals of Washington · Apr 8, 2013

The City staff recommended that Jackson and a qualified engineer work on a potential variance package. … BMC 18.10.020(B) provides that in order for the City to approve a lot line adjustment, the following must be established: 1. No new lots are created; 2.

State Of Washington v. John Malcolm Stewart

Court of Appeals of Washington · Dec 16, 2019

Finally, Stewart fails to establish the prosecutor committed prejudicial misconduct during closing argument or to establish any other grounds for relief in his statement of additional grounds. … Stewart fails to establish defense counsel’s representation was ineffective.

In re the Marriage of: Stacy J. Ruddick and Randall H. Ruddick, III

Court of Appeals of Washington · Nov 1, 2018

These needs were clearly contemplated in the relocation trial. CP at 263-64. The commissioner’s letter ruling provided: Mr. … Stacy Ruddick contends that a car rental bill, food, condominium rent, diapers, and entertainment do not qualify.

Service Employees International Union Local 925, App. v. Dept. Of Early Learning

Court of Appeals of Washington · Sep 18, 2018

was precluded from disclosing the records because former RCW 74.04.060(4) prevented the disclosure of lists or names of providers for both commercial as well as political purposes, and also argued that the information qualified … The party seeking to prevent disclosure bears the burden of establishing that a PRA exemption applies. Ameriquest, 177 Wn.2d at 486.

State of Washington v. Bryan Lee Wing

Court of Appeals of Washington · Jul 13, 2021

The State’s evidence merely establishes that the door possessed a value of $1,057.33 at the time of the kick. … The Supreme Court of California observed that the trial court first noted the rights of the defendant and then proceeded to qualify them.

State Of Washington v. Joshua Lambert

199 Wash. App. 51 · Court of Appeals of Washington · May 22, 2017

Lambert does not qualify for an affirmative defense of being found not guilty by reason of insanity." Dr. … A killing to facilitate a robbery would clearly be "in the furtherance of" the robbery.

State Of Washington v. Ricky Marvin Arntsen

Court of Appeals of Washington · Jan 6, 2020

The court held: the trial court’s instructions clearly and unambiguously allocated to the State the burden of proving the crimes beyond a reasonable doubt. … Once you establish control over that item, you have possessed it.