Case law

State Of Washington, / Cross- App. v. Jeffrey Michael Kinzle, / Cross-res.

Court of Appeals of Washington · May 13, 2013

competence, the court on its own motion or on the motion of any party shall either appoint or request the secretary [of the department of social and health services] to designate at least two qualified … Unlike Ritola. the complaining witness's testimony does not establish that Kinzle "instantaneously" released her.

In Re The Dependency Of A.d.y.

Court of Appeals of Washington · May 30, 2023

We conclude that the facts as found by the superior court and supported by substantial evidence establish that the Department met these requirements and otherwise established the elements supporting termination. … issue in the trial court, the trial court’s oral comments regarding I.A.’s blameworthiness are equivocal when taken out of context but are not when read in light of the overall ruling, and the facts of this case are clearly

State v. Karpenski

94 Wash. App. 80 · Court of Appeals of Washington · Feb 12, 1999

According to Karpenski, he could not qualify for a SSOSA sentence because he *99 would not relinquish his claim of innocence. … Accordingly, it cannot be said that Karpenski failed to make a proper objection, or that the State lacked an opportunity to establish Z’s reliability at the time of the statements. See ER 803(4); State v.

State of Washington v. Amie Nicole Braunstein aka Amie N. Meland

Court of Appeals of Washington · Sep 13, 2018

According to the State, this conduct qualified as indirect production of marijuana. … The jury instructions read as a whole must clearly announce to an average person the legal standard the jury must apply. LeFaber, 128 Wn.2d at 900.

In the Matter of the Personal Restraint of: Reuben D. Mulamba

Court of Appeals of Washington · Dec 8, 2020

Courts will, however, allow testimony by qualified mental health professionals. In United States v. Smith, 316 U.S. App. D.C. 199, 77 F.3d 511 (D.C. Cir. 1996) and United States v. Pryce, 291 U.S. App. … She received no immunity from future criminal behavior and could not anticipate lenient treatment on other crimes just because she still needed to fulfill an existing bargain.

State of Washington v. Charles Donovan Cole

Court of Appeals of Washington · Oct 18, 2016

Shelton to prevail, I he must be able to point to Supreme Court precedent clearly establishing that the Due Process Clause forbids the partial elimination of mens rea as an element of crimes … To qualify for the exception provided by RAP 2.5(a)(3), an appellant must demonstrate "(1) the error is manifest and (2) the error is truly of constitutional dimension." State v.

Northwest Environmental Advocates v. Dept. Of Ecology, State Of Wa

Court of Appeals of Washington · Jun 22, 2021

NWEA also requested that the rule establish a presumption that tertiary treatment is “reasonable” under AKART and that municipalities would have to rebut that assumption to implement tertiary treatment and establish alternative … Although the statute compels Ecology to comply with AKART, the statute does not clearly mandate that Ecology take the regulatory action NWEA requested.

In the Matter of the Pers. Restraint of Oscar Alfred Alden

Court of Appeals of Washington · Jan 21, 2020

This is perhaps most clearly demonstrated by State v. … Novick-Brown would qualify as an excuse. 1 PAUL H.

In the Matter of the Personal Restraint of: Petru Hoadrea Jr.

Court of Appeals of Washington · May 14, 2026

And I think that’ll qualify under—excited utterance. RP at 310. Hoadrea argues the court’s statement that Ms. … We concluded the legislature clearly expressed its intention to punish assault separately from violations under RCW 26.50 and, therefore, the two offenses did not merge. Id.

Jimmy & Amy Cho, Apps./cross-respondents V. Jeffrey Hemmen, Resps./cross-appellants

Court of Appeals of Washington · Jan 17, 2023

Whether a claimant has established the elements of a prescriptive easement is a mixed question of fact and law. Petersen v. Port of Seattle, 94 Wn.2d 479, 485, 618 P.2d 67 (1980). … technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in 17 No. 83136-4-I/18 issue, a witness qualified

State Of Washington v. Eric Sanders

Court of Appeals of Washington · Jun 11, 2019

Prejudice is established by showing a substantial likelihood that the prosecutor’s misconduct affected the verdict. Emery, 174 Wn.2d at 760. … But the court clearly stated that the lacerations and facial bruising and swelling constituted substantial but temporary disfigurement. McKague, 172 Wn.2d at 806.

Blake Huegel, V. D.s.h.s., State Of Wa

Court of Appeals of Washington · Nov 21, 2024

Dep’t of Revenue, 164 Wn.2d 310, 319, 190 P.3d 28 (2008) (“As a default rule, the word ‘or’ does not mean ‘and’ unless legislative intent clearly indicates to the contrary.”). … Though we expressed concern with the due process implications of this kind of permanent registry, we were ultimately bound by the law established in Fields v.

State Of Washington, V. Matthew John Mccollian

Court of Appeals of Washington · Feb 28, 2022

McCollian cites no other authority and makes no argument as to why the text message does not qualify as present sense impression. … Clearly – let me rephrase that, an unfair prejudice to the defendant. Clearly it’s prejudicial.

Dorothy Helm, V. Krystyan Calhoun

Court of Appeals of Washington · Oct 15, 2024

Calhoun counters that the service agreement clearly specified that Calhoun would act as POA for Helm and coordinate her move from South Dakota to Washington to a setting that was the least restrictive possible. … 24 57878-6-II A business record is: A record of an act, condition or event, shall in so far as relevant, be competent evidence if the custodian or other qualified

Rachell Lynette Daniels v. Nathaniel Hamilton Daniels Jr.

Court of Appeals of Washington · Dec 15, 2020

Under res judicata, the California Court of Appeal affirmed the prior order enforcing the division of the husband’s military disability retirement as community property despite the fact that it clearly contradicted federal … It also includes all amounts of retired pay [Bonds] actually or constructively waives or forfeits in any manner and for any reason or purpose, including, but not limited to, any waiver made in order to qualify

Franklin County v. Futurewise

Court of Appeals of Washington · Jul 13, 2023

For an action to be clearly erroneous, the GMHB must have a “firm and definite conviction” that the county committed a mistake. Lewis County v. … On the con side, the 2008 plan did not clearly outline Franklin County’s ALLTCS designation criteria.

State of Washington v. Juan Jose Luna Huezo

Court of Appeals of Washington · Dec 1, 2020

This witness is clearly having a difficult time responding and answering to questions. . . . RP at 228. Bonnie wrote that she did not tell her mother because she thought her mother would not believe her. … With offers of proof, Luna Huezo only qualified a sister-in-law with any knowledge of any reputation for sexual decency.

Carlos Benitez, Jr. v. Skagit County

Court of Appeals of Washington · Apr 20, 2020

He contends that the County clearly violated its own policy because Russell stated in her declaration: “I am the only person in my office qualified to review and make final decisions on Public Records Act (PRA) requests … To establish bad faith, “an inmate must demonstrate a wanton or willful act or omission by the agency.” Faulkner, 183 Wn. App. at 103.

In Re The Marriage Of: Kathy Jo Rohrs, V. Joel Damon Rohrs

Court of Appeals of Washington · Jan 22, 2024

. — Kathy Rohrs appeals from an order of the superior court confirming an arbitration award and correcting a qualified domestic relations order (QDRO) previously entered by the court. … In any event, the record clearly reflects that Kathy received proper notice from Joel of the arbitration proceeding.

In the Matter of the Marriage of: Daniel Cooper & Renu Sinha

Court of Appeals of Washington · Mar 19, 2024

Montgomery believed Cooper could qualify for Social Security disability benefits. Cooper applied for Social Security benefits, but the government denied coverage. … Because of her immunity disorder, Sinha cannot work. She accrues income of $20,000 a month from social security disability and disability insurance payments.