Case law

State of Washington v. Derrick D. Jones

Court of Appeals of Washington · Sep 15, 2016

Further, the court should consider whether a defendant qualifies as indigent under GR 34, which takes into account whether a person receives assistance from a needs-based program such as social security or food stamps, … The small amount involved, the fact that sentencing occurred post-Blazina, and the fact that the trial court clearly recognized its discretion to waive discretionary LFOs are each circumstances that, individually or in

Isabella Rosford, V. Christopher Walsh

Court of Appeals of Washington · Jan 8, 2024

(d) Remain qualified for the registry. … In this case, Rosford fails to establish a violation of GALR 2.

State Of Washington, V. Chayce Hanson

Court of Appeals of Washington · Feb 28, 2022

“No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong to all citizens, or corporations.” … Moreover, Hanson must establish prejudice and did not do so.

State Of Washington, Resp. v. Robert D. Hitt, App.

Court of Appeals of Washington · Dec 22, 2014

intentionally abducts another need do so only with the intent to carry out one of the incidents enumerated in RCW 9A.40.020(1)(a) through (e) inclusive; not that the perpetrator actually bring about or complete one of those qualifying … supports that Hitt intended to use the victims as hostages.54 Several victims testified that, while Hitt bound their wrists together, he said he would "make this a hostage situation" if police were called.55 This evidence clearly

Kitsap County v. Kitsap Rifle And Revolver Club

Court of Appeals of Washington · Oct 28, 2014

KCC 17. 460. 020 provides: Where a lawful use of land exists that is not allowed under current regulations, but was allowed when the use was initially established, that use may be continued so … The public nuisance claim was based on assertions that Thurston County had wrongfully and illegally allowed the project by deciding that the seawall qualified for an administrative exemption from substantial

Allan Margitan v. Spokane Regional Health District

Court of Appeals of Washington · Jan 21, 2016

This court should only overturn the agency's factual findings if they are clearly erroneous and this court is convinced that a mistake has been made. Port 0/ Seattle v. … agree with the superior court and hold that Allan Margitan fails to establish a sufficient injury. The party seeking judicial review of agency action bears the burden of establishing standing.

Virginia Mason Medical Center, V. Michael K. Snyder

Court of Appeals of Washington · Feb 5, 2024

Stated another way, “Loudon clearly establishes a patient-plaintiff’s right to supervise his nonparty physician’s communications with opposing counsel.” Youngs v. … VMMC argues that the QI immunity is “un-waivable” and that the court properly denied Snyder’s request for production of QI-protected materials.

State Of Washington v. Vonda Valisa Pritchard

Court of Appeals of Washington · Apr 29, 2013

Pritchard remembered that she had three drinks at Traylor's and one earlier in the day, and she expressed that clearly. She did not stammer and Trooper Ryan could understand her. … But, HIPPA permits disclosure in judicial proceedings in response to a court order or subpoena, if notice is given and the parties agree to a qualified protective order. 45 C.F.R. § 164.512(e)-(f).

State Of Washington v. Cleve Goheen-rengo

Court of Appeals of Washington · Sep 24, 2018

The jury clearly found the social workers to be more credible than Goheen-Rengo and resolved the conflicting testimony at trial against him. … Therefore, any impropriety in asking the jurors to put themselves in the social workers' shoes was not so flagrant and ill-intentioned as to be immune to a curative instruction. We affirm.

Personal Restraint Petition Of: Gail Brashear

Court of Appeals of Washington · Jan 22, 2024

The State described Brashear as “clearly the most culpable person involved.” Two of Varnell’s family addressed the court and described the family’s grief. … In concluding the statute was an adequate remedy, the court explained, “RCW 9.94A.730’s remedy applies automatically to all qualifying juvenile offenders originally sentenced to lengthy determinate adult sentences,” and

Mary Beth Fleming, V. Joshua W. Fleming

Court of Appeals of Washington · Apr 16, 2024

He no longer qualified for the loan amount alone, so Mary was included so her income and credit could be included in the refinance application. This resulted in Mary being added to the deed to the house. … App. 187, 189, 622 P.2d 1288 (1981) (“When written findings of fact do not clearly reflect a consideration of the statutory factors, resort can be made to the court’s oral opinion.”).

H.c. Burkholder, App V. Pollution Control Hearings Board & Wa State Dept Of Ecology, Resps

Court of Appeals of Washington · Oct 13, 2025

“[M]inimum flows or levels, once established, have priority over later acquired appropriative water rights.” Swinomish, 178 Wn.2d at 595. … Hutton’s e-mail clearly indicated that the “process” was still ongoing.

One Energy Development, LLC v. Kittitas County

Court of Appeals of Washington · Jul 9, 2019

development of any sort to all the agricultural land in a county. 5 6 Under that analysis, a square mile of skyscrapers in the middle 7 of one hundred square miles of farm fields would not qualify … Yet it would clearly 9 n.ot be in keeping with rural ·character.

Kristen Abendroth, V John Ryan Bays

Court of Appeals of Washington · Jan 31, 2022

And, discussed above, plaintiffs do not establish that the court erred in excluding them. … If the provision would be satisfied by an insurer paying said fees and expenses, the sentence would not need to be qualified in such a way. See GMAC, 179 Wn.

Michelle L. Reid v. Jason A. Reid

Court of Appeals of Washington · Feb 7, 2023

The trial court’s decision to conduct a hearing in this case because of the substantial noneconomic damage request was a conscientious application and clearly adequate compliance with CR 55(b)(2). … Jason fails to explain how Michelle’s tort action qualifies as a dissolution proceeding under chapter 26.09 RCW. His request is denied. Affirmed.

Anne Block And Noel Frederick v. City Of Gold Bar

Court of Appeals of Washington · Mar 24, 2014

apply to the Mayor; the decision to mediate a lawsuit is solely within the Mayor's discretion; and there is no showing of -6- NO. 70321-8-1/7 substantial conduct clearly … So even the supplemental materials does not establish there was, in fact, a violation of the Open Public Meetings Act.

Donald A. Marsch v. Debra L. Cleere

Court of Appeals of Washington · Oct 8, 2024

Cleere contends that her “physical and mental states were fragile” and that she “alleged the requisite mental state [for] qualifying for relief from a judgment based on excusable neglect.” Id. at 15, 17. … She contends that her declaration “clearly shows . . . Marsch misrepresented the community assets.” Id. at 19.

Doug Hermanson, Res/cross-app v. Multi-care Health System, App/cross-resp

Court of Appeals of Washington · Aug 27, 2019

Although Trauma Trust was not named in the lawsuit, Trauma Trust retained counsel because Hermanson’s “demand letter clearly implicated the Emergency Department at Tacoma General Hospital and trauma services.” … To qualify for the privilege, communications must have been made in confidence and in the context of an attorney-client relationship. Newman v. Highland Sch. Dist.

Brundage-Bone Concrete Pumping, Inc., V. Dept. Of Revenue

Court of Appeals of Washington · Feb 27, 2024

However, if the primary purpose of the sale is the provision of construction services, then it may qualify as a purchase for resale under certain circumstances. … Asserting that DOR failed to provide a rationale for its amendments to Rule 211 when that explanation is clearly in the interim guidance statement elevates form over substance.

State of Washington v. David Tlung Za Thang

Court of Appeals of Washington · Dec 3, 2019

Thang’s error is in conflating what the legislature has provided amounts to identity theft with what it has required to establish accomplice liability. “It is the job of the legislature to define crimes.” State v. … App. 601, 610-11, 128 P.3d 139 (2006) (holding that drugs found in a purse and basket inside a vehicle did not qualify as “use” of a vehicle because the vehicle was not used to conceal the drugs); State v.