Case law

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.

State Of Washington, V. Lola Felipa Luna

Court of Appeals of Washington · Jun 11, 2024

Rucker, The End of an Era: The Uncertain Future of Section 230 Immunity for Social Media Platforms, 26 VAND. J. ENT. & TECH. … For example, the photo of SPT drinking a beer does not establish that Luna had good reason to fear her. Nor do the memes that SPT reposted.

State Of Washington, Respondent/cr-appellant V. Jordan Michael Stengrund, Appellant/cr-respondent

Court of Appeals of Washington · Jan 6, 2025

I talked about it at therapy and I understand what happened more clearly and i was in the wrong and I did what i wanted without regard for how you felt or would feel after. … Having considered all of N.A.’s testimony, the trial court found by a preponderance that the claimed conduct occurred and qualified as an “other act” under ER 404(b).

Hu Yan, App/cr-resp. v. Pleasant Day Adult Family Home, Inc., Et Ano, Res/cr-app.

Court of Appeals of Washington · Dec 16, 2013

The court also held that the county's actions established the second type of special relationship exception. jd. at 256. … Likewise, in medical and legal malpractice actions, qualified experts are often required to testify as to the applicable standard of care and offer opinions on whether the standard of care was violated. Coggle v.

State Of Washington v. Jason Michael Smith

Court of Appeals of Washington · Dec 23, 2019

The State Supreme Court held that “evidence that an unloaded rifle was found under the bed in the bedroom, without more, is insufficient to qualify Valdobinos as ‘armed’ in the sense of having a weapon accessible and readily … App. 309, 71 P.3d 663 (2003), for the proposition that RCW 9.94A.589(1)(c) clearly and unambiguously prohibits concurrent sentences for the listed firearm crimes.

In re the Welfare Of: A.H.

Court of Appeals of Washington · Dec 14, 2017

F. was not qualified for DDA services because she had no qualifying condition such as an intellectual disability. Amanda Clemons performed the first parenting assessment in February 2015 and · referred Ms. … H. argues DSHS failed to sufficiently establish that he is currently unfit to parent A.H. We disagree.

Rebecca Thorley & Monica Baxter v. Donald E. Nowlin, et ux

542 P.3d 137 · Court of Appeals of Washington · Jan 23, 2024

From failing to clearly and conspicuously, in writing, disclose all terms and conditions related to selling, leasing, and boarding of any animals; iv. … The court may have breached the spirit of the constitutional guarantee and Sofie by qualifying its ruling and stating that the specific cause of action must have had an analogy to an action available then.

The Geraldine A. Maniatis Living Trust, Resp V. Malkit Singh, App

Court of Appeals of Washington · Jan 13, 2025

The City also advised Singh to contact a qualified wetlands specialist to set up a coaching, pre-application meeting. … of review should be clear and convincing evidence to establish civil contempt.

State Of Washington, V Joshua Jones

Court of Appeals of Washington · Feb 2, 2017

Because the delay in Jones’s trial significantly exceeded the eight month to one year range, we assume it qualified as presumptively prejudicial. … Therefore, he cannot establish that granting a motion to sever would have had any effect other than potentially decreasing the time to trial.

State of Washington v. Frank Murillo, IV

Court of Appeals of Washington · May 4, 2017

Do not enter into or frequent business establishments or areas that cater to minor children. … Frank Murillo asks this reviewing court to engage in the same criminal conduct analysis and hold that all ten convictions qualify as the same conduct.

City Of Olympia, V Aaron Hulet

Court of Appeals of Washington · Apr 15, 2014

The notice of appearance is in the record before this court and clearly was entered after Hulet' s arraignment. … First, the likely " aggravation" of Hulet' s lumbar disability does not establish a substantial risk" to Hulet' s physical well- being.

Medical Lake Cemetery Ass'n v. Spokane County

Court of Appeals of Washington · Dec 21, 2023

The Medical Lake Cemetery was established in the 1870s and was listed in the Washington State Heritage Register in 2018. … In general terms, the Cemetery “must establish either the hearing examiner made a mistake of law, that there was insufficient evidence to support the decision, or that the decision was clearly erroneous.”

State of Washington v. Tyree Q. Houfmuse

Court of Appeals of Washington · Sep 5, 2017

Hou/muse In relevant parts, RCW 9.41.040 provides: (2)(a) A person ... is guilty of the crime ofunlawful possession of a firearm in the second degree, if the person does not qualify under subsection … 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).

State Of Washington v. David Schlosser

Court of Appeals of Washington · Feb 8, 2021

Even after A.D. disclosed the rapes to J.B. in October 2016, the evidence and testimony established that she insisted J.B. … The court disallowed the inquiry unless Schlosser could establish “some kind of a nexus.” 22 No. 79723-9-I/23 While Schlosser’s attorney clearly perceived some of

Kevin Dolan & King County v. Department Of Retirement Systems

Court of Appeals of Washington · May 1, 2018

RCW 34.05.510 states that the APA “establishes the exclusive means of judicial review of agency action.” … These cases clearly are inapplicable and do not compel a different result. 21 No. 49876-6-II C.

In Re The Dependency Of C.j.f., 03/22/03, Jake Fair v. Dshs

Court of Appeals of Washington · Jan 23, 2017

On January 23, 2013, both parents agreed to the establishment of dependency. … The parents do not challenge the trial court's finding that "[h]is parents clearly 32 RCW 13.34.020. 33 In re Dependency of T.R.. 108 Wn.

Wa State Human Rights Commission, Res. v. Benjamin Thomas

Court of Appeals of Washington · Jul 11, 2023

The Harmons explained that they took the photographs because they “were being sued for temporary structures, when clearly the neighbors had temporary structures.” AR at 156. 2. … This court “will only review a claimed error which is included in an assignment of error or clearly disclosed in the associated issue pertaining thereto.” RAP 10.3(g).

State of Washington v. Shane Kyle Deweber

Court of Appeals of Washington · Feb 14, 2017

"[T]he evidence must affirmatively establish the defendant's theory of the case-it is not enough that the jury might disbelieve the evidence pointing to guilt." Id. at 456. … (dissenting)- Labeling something a Blakely 1 error does not automatically make it so, let alone render it immune to harmless error analysis. This is a case in point.

State of Washington v. Gustavo Tapia Rodriguez

Court of Appeals of Washington · Dec 17, 2020

First, it found that Chivo’s courtroom testimony was clearly inconsistent with his previous statement given to police. … The fact that the parties had sufficient qualified jurors from two panels and did not resort to the third is further evidence a fair jury was empaneled.

State Of Washington, V. Julius Booth

Court of Appeals of Washington · Dec 5, 2022

Here, the code- created right Booth asserts should become constitutional in nature does not so clearly fall under that provision. … Brown, 132 Wn.2d 529, 595, 940 P.2d 546 (1997) (considering right protecting against “death qualifying” potential jurors); Smith, 150 Wn.2d at 156 (considering right to a jury trial to consider