Case law

State Of Washington v. Stanley Omar Charleston

Court of Appeals of Washington · Sep 14, 2020

Even when Charleston said he wanted to represent himself, he always qualified that statement by indicating it was conditioned on having standby counsel appointed to assist him. … And to prove unlawful imprisonment, the State had to establish a restraint, an element not necessary for assault.

State Of Washington v. Tyler Robb

Court of Appeals of Washington · Jan 4, 2017

When DIA arrived at Gariano’s house, she was clearly upset and was crying hysterically. By the time Shannon arrived about 30 minutes later, DIA was still crying and shaking. … Finally, as in Corbett, Robb’s breach of the parent-child relationship was substantial and “establishes that [the defendant] abuses parental trust to satisfy his own prurient interests.” Id. at 601.

State Of Washington, V. Abran Raya Leon

Court of Appeals of Washington · Feb 10, 2026

However, more than mere presence and knowledge of the criminal activity of another must be shown to establish that a person present is an accomplice. … Obviously, [Raya Leon], his brother Guillermo, Misty, they’re all accomplices clearly in this same crime. 5 VRP (Aug. 17, 2023) at 2069 (emphasis added).

Lori Sweeney, et vir v. Adams County Public Hospital District

Court of Appeals of Washington · Oct 25, 2016

The expert also opined that the defendant doctors should have referred the plaintiff to doctors qualified to treat the problems they did not treat. … They obtained her medical records, which clearly state that on April 25, 2010, Mr. Noble consulted with Dr. Dunlap in Spokane and Dr.

Viking Jv, Llc, V. City Of Puyallup

Court of Appeals of Washington · Jun 13, 2023

Such a contribution clearly does not preclude a developing owner from seeking latecomer reimbursement from other property owners for portions that the developing owner solely paid for; the owner is simply only … Accordingly, the city has not established any error in the trial court’s decision not to allow corrections to the latecomer contract.

Arthur West v. City Of Tacoma

456 P.3d 894 · Court of Appeals of Washington · Jan 28, 2020

To qualify for this exemption, the record must be (1) specific information that is intelligence or investigative in nature; (2) compiled by an investigative, law enforcement, or penological agency; and (3) essential to … The court clearly stated, “I didn’t read [Travis’s affidavit] to begin with and I haven’t considered it in conjunction with what we’ve done here today.” VRP (June 23, 2017) at 31.

State Of Washington, V. Andrew Sevilla

Court of Appeals of Washington · Jul 15, 2025

Stensgaard was a “qualified mental health professional,” but also had an additional certification for working with patients who experienced trauma. … But “suspicions” clearly fall short of being such an explicit or near explicit opinion.

State Of Washington v. Donald Calvin

Court of Appeals of Washington · Mar 15, 2021

Calvin by saying that he isn’t qualified to do that.” … Calvin fails to establish ineffective assistance of counsel. E.

State Of Washington, V. Anthony Enrico Hamilton

Court of Appeals of Washington · Mar 7, 2022

In order to trigger the persistent offender statute, - 18 - No. 80473-1-I/19 Hamilton needed to commit additional qualifying strike offenses. … The court clearly had the authority to correct Hamilton’s judgment and sentence, at his request, to reflect the correct duration of his no contact order.

State Of Washington v. Allan R. Simmons

Court of Appeals of Washington · Jun 4, 2013

the trial court expressly set the mandatory minimum sentence at the high end "based on the facts as [the] Court heard them and as found by the jury," stating: Clearly … Again, Simmons fails to establish either prong of the ineffective assistance of counsel test, and his claim fails. II.

Spencer Alpert v. Cal-western Reconveyance Corporation Of Wa

Court of Appeals of Washington · Apr 27, 2020

If it does, then the Note is indorsed in blank and Aurora can establish its standing to foreclose solely based on its possession of the Note. … That is because the residue of previous writing is clearly evident on the first version.”

State Of Washington, V Dale J. Purser

Court of Appeals of Washington · Jun 16, 2014

Washington13 "clearly establish that aggravating factors affect a liberty interest protected by the Due Process Clause." … Still, the face of the judgment and sentence does not contain any conditional language and, when the defendant asked for clarification, the judge did not qualify the lifetime imposition of the order

Melissa Montgomery (fka Nadir), Resp. v. Wanis Nadir, App.

Court of Appeals of Washington · Nov 17, 2014

McVittie specifically stated that she was not providing medical treatment to Nadir.25 She was not qualified or asked to provide an expert evaluation or opinion of Nadir's parenting and had no basis to judge Nadir's actions … And Nadir does not argue or establish that the standard calculation would be inequitable in his briefing before this court.

State of Washington v. Justin Carl Lewis

Court of Appeals of Washington · Apr 11, 2019

Lewis Clearly he was struck.” RP at 330. The defense told jurors that “Mr. Rickman did indeed attack Mr. Evans.” RP at 331. The defense challenged only whether the State had proved that Mr. … Rickman’s actions would qualify as first degree assault.

Pacific Shoreline Properties, LLC v. First Liberty Bond, LLC

Court of Appeals of Washington · Aug 12, 2025

“We generally give words in a contract their ordinary, usual, and popular meaning unless the entirety of the agreement clearly demonstrates a contrary intent.” Id. at 504. … Fisher did not perform sufficiently to qualify him for damages. They also argue the amount of the trial court’s damages award was improper and that Mr.

State Of Washington v. Melissa Cathryn McMillen, & PRP of McMillen

Court of Appeals of Washington · Jan 18, 2017

THE TRIAL COURT DID NOT ABUSE ITS DISCRETION The trial court did not abuse its discretion when it found Duralde qualified to testify based on her training and experience. … This evidence was clearly relevant and helpful. In addition, the finder of fact determined the weight to give Duralde’s testimony.

Hartstene Pointe Maintenance Assoc, V John E Diehl

Court of Appeals of Washington · Jun 23, 2015

Additionally, under this section of the policy, an owner- member may file a written notice of intent that the owner is retaining an independent, professionally qualified arborist" to prepare a second opinion. … This conclusion is clearly supported by the finding because an owner may submit any additional information the owner wishes, and the owner is therefore not unreasonably limited.

Kilo 6 Owners Assoc, Et Ano., Apps v. Everett Hangar Llc, Resp

Court of Appeals of Washington · Feb 5, 2019

The equitable doctrine of “[j]udicial estoppel ‘precludes a party. from asserting one position in a court proceeding and later seeking an advantage by taking a clearly inconsistent position.’ … CC&Rs assignment of different definitions to “Lot” and “Building” means that the Association need certify only a Lot as substantially complete to levy base assessments on it and that it need not have a hangar on it to qualify

State Of Washington v. Joel Zellmer

Court of Appeals of Washington · May 28, 2013

The existence and substance of that evidence was independently established by Stacey. … The court found by a preponderance of the evidence that Zellmer was clearly the agent of Mitchell's injuries.

State Of Washington v. Allison C. Poor

Court of Appeals of Washington · Nov 10, 2020

Even so, the State’s reasoning is such that even in circumstances where temporal differences in possession of illegal substances are so great as to clearly present a different unit of prosecution, the defendant is essentially … immune from any further charges.