Case law

State Of Washington v. Sean Stoll

Court of Appeals of Washington · Jul 1, 2014

Most clearly, Stoll' s attorney told the jury that " to convict you have to conclude unanimously beyond a reasonable doubt that this happened twice on two separate dates" within the charging period. … The clinician was qualified to testify as an expert given her specialized training as a nurse, her . experience treating child victims of sexual and physical assault, and her review of scientific literature.

State Of Washington v. Royale Tyrell-scott Thornton

Court of Appeals of Washington · Apr 15, 2019

He argued that nothing in the video qualified as a prior consistent statement. … The trial court ruled "Pace was repeatedly asked about his immunity agreement, promises that were made, and his credibility was clearly brought in question by your cross-examination.

Signature Healthcare Services Llc, V Wa State Dept Of Health

Court of Appeals of Washington · May 15, 2018

RCW 70.38.115(6) clearly provides that the Department may require whatever information it deems reasonably necessary to review a CN application. … The Department’s application form clearly requires that an applicant submit a copy of a lease agreement for a proposed hospital.

Joshua Peterson v. Wa State Dept. Labor & Industries

Court of Appeals of Washington · Apr 20, 2021

Peterson’s maritime claims established that he was entitled to federal coverage rather than coverage through Washington’s industrial insurance laws. … Peterson argues that Rhodes is no longer good law, but he cites to no cases overruling Rhodes or clearly deviating from Rhodes’s holding.

State Of Washington v. Robert Maddaus

Court of Appeals of Washington · Sep 20, 2013

Read together, these two instructions ( clearly required the jury to find evidence demonstrating that Maddaus took a substantial step toward committing first degree attempted … Prior convictions Maddaus next argues that the trial court violated his Sixth and Fourteenth Amendment rights when it failed to prove his prior qualifying convictions by a jury determination beyond a reasonable

State Of Washington, V Marciano Carlos Ellis

Court of Appeals of Washington · Mar 9, 2015

During the phone call, Roshau makes several statements and is very clearly in pain. He is groaning throughout the call and expressed that he could not talk very well. … Hearsay is inadmissible unless it qualifies as an exception under the rules of No. 72769-9-1/4 evidence, court rules, or by statute. ER 802.

State Of Washington v. Nathaniel Wesley Miles & Anthony E. Ralls

Court of Appeals of Washington · Aug 16, 2016

As Ralls notes, words alone do not qualify as provocation. Riley, 137 Wn.2d at 910-11. … The trial court directed the jury to the definition of “accomplice” in instruction 9, which clearly states the mens rea requirement.

State of Washington v. Travis Lee Padgett

Court of Appeals of Washington · Mar 2, 2017

The foundation was sufficient to establish the business record exception. 8 Mr. … {ll(g) provides mitigating circumstances where the operation of the multiple offense policy results in a sentence that is clearly excessive.

State Of Washington v. Kevin Brewer

Court of Appeals of Washington · Mar 8, 2021

Detective Bacon clearly testified that the reconstruction did not purport to reenact the events of the accident. … The record clearly establishes that the most important factor influencing the court’s sentencing decision was Brewer’s 2008 conviction for a hit-and-run fatality.

In the Matter of the Dependency of: F.M.

Court of Appeals of Washington · Oct 27, 2020

In order to terminate the parent-child relationship, the State first must establish the six elements of RCW 13.34.180(1).5 These factors must be established by clear, cogent, and convincing evidence. … Indeed undisputed evidence established that service providers refused completion of services because of marijuana use.

State Of Washington, V. Harlan W. Blackburn

Court of Appeals of Washington · Apr 20, 2026

“Warrantless searches are per se unreasonable under article I, section 7 unless they qualify as specific exceptions to the warrant requirement.” State v. White, 141 Wn. … “In sexual abuse cases where multiple counts are alleged to have occurred within the same charging period, the State need not elect particular acts associated with each count so long as the evidence ‘clearly delineate[s

Brenda Welch, V. Pemco Mutual Insurance Company

Court of Appeals of Washington · Sep 3, 2024

Judge Farris acknowledged that PEMCO’s email clearly waived the disqualification as to Welch’s partial motion for summary judgment. … She contends PEMCO “cannot establish an exclusion from coverage due to Morgan’s domestic abuse.”12 We agree.

Futurewise v. City Of Ridgefield

Court of Appeals of Washington · Jan 29, 2019

However, this exception does not apply to site-specific land use decisions because they do not qualify as comprehensive plans or development regulations under the GMA. … The court held that while the property owners were within the zone of interests of the annexation statutes and would clearly be harmed by changes in tax rates, the fire district was not. Id. at 802-04.

State Of Washington, V. Andrew Scott Griffin

Court of Appeals of Washington · Dec 4, 2023

Here, any ruling that relied on “lustful disposition” to admit the proffered evidence would clearly have been erroneous. … of fact detailing the prior acts proved and how those acts supported a determination of sufficient similarity.15 Because the State did not meet its burden to demonstrate that the proffered evidence was of a type that qualified

In the Matter of the Parental Rights to: A.L.O.

Court of Appeals of Washington · Jun 11, 2019

Dawn Schichtel also averred that she saw the two together at Walmart and another establishment before the trial. … On appeal to the Supreme Court, the mother, in Dependency of D.L.B., advanced the argument that being a victim of domestic violence does not qualify as a parental deficiency.

In Re Dep Of: G.g. Dob: 12/19/02 Joel Garcia App. v. Dshs, Resp.

Court of Appeals of Washington · Apr 29, 2013

In A.J.R.. as here, a qualified psychologist determined it was unlikely the parental deficiencies could be remedied so that the children could return home.16 As was true in A.J.R.. the evidence supports the determination … Once the State establishes the elements of RCW 13.34.180 by clear, cogent, and convincing evidence, the court must also find that an order of termination is in the best interests ofthe child.21 When a parent has failed

In Re The Marriage Of Jennifer Schorsch, And Keith Schorsch

Court of Appeals of Washington · Dec 4, 2024

In response, Keith testified that he intended to establish a trust “with 8 529 plans, also known as “qualified tuition programs,” are tax-advantaged savings plans designed to encourage parents to save money for their … Duration of postsecondary educational support Keith similarly claims that the trial court’s child support order does not clearly state the end date for such support.

Charles Hause v. Spokane County

Court of Appeals of Washington · Jul 25, 2024

Going further, public policy cannot be clearly established by an employer’s internal polices, even if that employer is a county, because the state legislature holds the prerogative of announcing public policy. … Hause cannot use the whistleblower statutes because he is neither a state employee, nor would he qualify for protections because he did not report improper government conduct.

State of Washington v. Lonnie Kaye England

Court of Appeals of Washington · May 16, 2023

Table (aa) listed first degree child molestation as an offense qualifying Lonnie England for sentencing under RCW 9.94A.507. … Otherwise, England faces a heavy burden to establish ineffective assistance despite not contesting the validity of his guilty plea.

John Worthington, App./cross-res. v. Wa State Liquor & Cannabis Board, Res/cross-app.

Court of Appeals of Washington · Nov 14, 2017

Any WAC establishing how many stores per city, county. All of these WAC[s], and more were developed without disclosing ex-parte contact and publishing ex-parte contact comments. … Worthington’s Complaint does not clearly identify the agency action of which he seeks review.