Case law

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.

Windermere Real Estate/east, Inc., V. Sandra Forman

Court of Appeals of Washington · Feb 20, 2024

The court found that Forman’s counsel submitted declarations establishing the “reasonable costs and fees incurred” and that the “affidavit established that duplicative and inefficient work had been removed prior to entering … This court “will only review a claimed error which is included in the assignment of error or clearly disclosed in the associated issue pertaining thereto.” RAP 10.3(g).

Melissa Kurtz, Res/cross-app. V. State Of Wa D/b/a Uw And Uw Medical Center, App/cross-res.

Court of Appeals of Washington · Jul 6, 2021

“If 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, experience, training … Kurtz and her niece Amanda, who very clearly indicated that there were deficits post injury that did not occur pre injury with regards to her 3Kurtz contends that her home chore services were not medical expenses

State Of Washington v. Jennifer Mothershead

Court of Appeals of Washington · Mar 28, 2016

Matthew testified the State granted him immunity from prosecution in exchange for testifying truthfully. … A sentence is clearly excessive only if the trial court abused its discretion in establishing the length of the sentence. State v. Ferguson, 142 Wn.2d 631, 651, 15 P.3d 1271 (2001).

Ronald Wastewater District, Res. v. Olympic View Water And Sewer District, Apps.

Court of Appeals of Washington · Jul 1, 2019

Clearly, no sewer district had a right to unilaterally extend service into the territory of another sewer district. … The statutory scheme for sewer districts is clearly intended to avoid overlapping boundaries of sewer districts.

State of Washington v. Veniamin Zimin

Court of Appeals of Washington · Jun 2, 2026

Accordingly, it cannot qualify as a controlling change in case law material to Zimin’s case, which did not involve a “different occasions” inquiry. … Next, while Zimin is correct that established case law has held that “illegal or erroneous sentences may be challenged for the first time on appeal,” Zimin does not clearly argue that his

Premera v. Kreidler

131 P.3d 930 · Court of Appeals of Washington · Jun 14, 2006

"The company clearly has told anyone who will listen that it's going to convey 100 percent of its market value." AR at 2047. … In doing so, the commissioner must ensure that the consideration to the qualifying charitable corporation equals the fair market value of the converting corporation.

8011, Llc, Walter Moss & Kari Graves v. Mr.99 & Associates & Martin S. Rood

Court of Appeals of Washington · Dec 27, 2016

The final PSA between 8011 and Mazda clearly demonstrates that the parties did not intend to pay Rood a commission. … Thus, for this reason as well, Rood cannot establish an entitlement to a commission payment.

State Of Washington, V. Sammy Eric Petersen

Court of Appeals of Washington · Oct 28, 2024

The Court held that the statements Mincey eventually made were not voluntary, reasoning that Mincey clearly did not want to answer the detective’s questions, but “weakened by pain and shock, isolated from family, friends … For a successful claim of ineffective assistance of counsel, a defendant must establish both objectively deficient performance and resulting prejudice.

State of Washington v. David Larue Pettis

Court of Appeals of Washington · Aug 20, 2024

Not all defense counsel’s strategies or tactics are immune from attack. In re Personal Restraint of Caldellis, 187 Wn.2d 127, 141, 385 P.3d 135 (2016). … Voigtlaender was not a qualified expert. He repeatedly proffered opinions in areas in which he lacked expertise and on which no opinion can testify.

State Of Washington, V. Danilo Distura

Court of Appeals of Washington · Aug 12, 2024

Distura relies on Guevara Diaz, in which this court reversed because “all that the record clearly shows is that juror 23 said she could not be fair.” 11 Wn. App. 2d at 858. … So I just want to make sure that those terms are clearly stated.

Joseph M. Zajac v. Susan Pike Zajac

Court of Appeals of Washington · Nov 16, 2020

He showed her a document that “was clearly a fake bank statement.” Pike then combed through all of their bank accounts dating back to 2011 and found no sign of any rental income from the condo. … However, the court found Campbell, Pike’s expert witness, “well-qualified and credible.”

Guidance Residential, Llc, Appellant/cross-resp v. Anwer Mangrio, Respondents/cross-app

Court of Appeals of Washington · Dec 18, 2017

Id. 9 No. 75507-2-1/10 The evidence clearly established that the former employees compiled lists of customer information for Guidance while employed by Guidance. … The evidence before the jury clearly established that before the former employees left Guidance, they downloaded and e-mailed the Books of Business they could access to their personal accounts.

In the Matter of the Personal Restraint of: Reuben Denis Dwazi Mulamba

Court of Appeals of Washington · Apr 27, 2023

But she’s four years old, very small, clearly incapable of resisting. Again, when were they hit, she didn’t say this but [Stanley] did, nighttime. … The court also noted that, by rejecting qualified persons, Tingdale was forced to accept other, possibly “unqualified” jurors. In State v.

Kassa Ins. Services v. Ryan Pugh, et ux

Court of Appeals of Washington · Apr 29, 2014

"Such a burden would be insurmountable since trade secrets frequently contain elements that by themselves may be in the public domain but together qualify as trade secrets." Id. … Accordingly, the trial court did not clearly abuse its discretion in concluding Mr. Pugh willfully and maliciously misappropriated trade secrets.

State of Washington v. Eduardo Chavez

Court of Appeals of Washington · Sep 7, 2017

He established that S.B. had a hard time believing A.S., related to her own experience with A.S. He established S.B. … A She wasn't doing very good. 3 S.B. clearly would have been competent to offer an opinion on A.S.

Felix W. Schuck v. Gordon Beck, et ux

Court of Appeals of Washington · Apr 21, 2020

We agree with Schuck that these materials contained improper argument and do not qualify under RAP 10.8. … The WAC definition of a “generator” is consistent with this dictionary definition, as it clearly limits the category of “generator” to the person who, through his own conduct, creates the hazardous waste or the person

State Of Washington v. Gerald Locket Hatfield, Jr.

Court of Appeals of Washington · Dec 2, 2019

Although scientific opinion need not be unanimous,the evidence may not be admitted if there is a significant dispute among qualified scientists in the relevant community. Id. … Although Hatfield clearly takes exception to the circumstances surrounding Dillenburg's refusal to testify, the grounds for his objection are unclear.

State Of Washington V. Ronnie Lynn Ater Jr.

Court of Appeals of Washington · Jul 7, 2025

He argued that consent was not clearly expressed, and in any event, consent was terminated prior to Agent Ledgerwood discovering the images. He also argued that he should have been given Ferrier 2 warnings. … Although judges are not immune to the prejudicial effect of viewing an accused person in restraints, there is no evidence that Ater’s shackling prejudiced his bench trial.

In Re Dependency Of: M.k.g.p., Dob: 4/14/14, Fauniteni Pauni Jr., App v. Dshs, Resp

Court of Appeals of Washington · Jan 16, 2018

(f) That continuation of the parent and child relationship clearly diminishes the child's prospects for early integration into a stable and permanent home. … At trial, he said that he had recently qualified for housing -16- No. 76202-8-1/17 through another program but left that program because the timeframe would not work and because