Case law

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  • Dependency Of A.m., 6/1/14, Mattie Macarthur v. Dshs

    Court of Appeals of Washington · Jan 11, 2016

    FACTS The unchallenged findings establish the following. Mattie MacArthur is the biological mother of six children and her youngest child, A.M., was born June 1, 2014 and is the subject of this dependency. … I believe that at certain ages, clearly there would be regression that could be identified in regard to emotional stability for an infant. It may be failure to thrive.

    Cited 0 timesUnpublished
  • Alena Miles v. Michael E. Miles

    Court of Appeals of Washington · Sep 1, 2026

    Alena’s application for supplemental income was denied.3 The denial was based on Alena’s insufficient work hours to qualify. … Based on these circumstances, the trial court found, “[Alena] clearly has a need of support.” CP at 60.

    Cited 0 timesUnpublished
  • State of Washington v. Richard Francis Klepacki

    Court of Appeals of Washington · Feb 1, 2018

    Forensic examination of the evidence established that the .45 caliber pistol was the murder weapon. … Klepacki argues the evidence clearly showed that he said his cell phone may have fallen out of his pocket. We presume the jury disregarded the prosecutor’s misstatement of the record.

    Cited 0 timesUnpublished
  • In Re The Detention Of: Franklin Abellera.

    Court of Appeals of Washington · Aug 12, 2019

    Arnold's testimony alone sufficiently established this element. We agree with the State. … Arnold's testimony was sufficient to establish the third element beyond a reasonable doubt. At trial, Dr.

    Cited 0 timesUnpublished
  • Royal Fish, Sr., Appellant/cross-respondent v. Lisa Fish, Respondent/cross-appellant

    Court of Appeals of Washington · Apr 4, 2017

    The SSA noted that Royal had to be disabled for five full calendar months to qualify for disability, and therefore stated that he was entitled to disability benefits beginning in June 2015. … Some facts support his position: it was clearly established at trial that Royal lost his employment on December 5, 2014, that he never obtained any new employment after that date, and that the SSA determined that Royal

    Cited 0 timesUnpublished
  • In the Matter of the Personal Restraint of: Lyle Roetcisoender, Jr.

    Court of Appeals of Washington · Feb 27, 2025

    I need not resolve whether a life sentence qualifies as a determinate sentence because that issue lacks importance. … I conclude that, regardless of whether a life sentence for first degree kidnapping qualifies as an indeterminate sentence, the sentencing court had authority, under the SRA, to issue the life sentence.

    Cited 0 timesUnpublished
  • Henry Tang, / Cross- Res. v. City Of Seattle, / Cross-app.

    Court of Appeals of Washington · Jul 11, 2016

    The record establishes that he did neither. … "[T]he tort of wrongful discharge in violation of public policy clearly applies only in a situation where an employee has been discharged." Roberts v. Dudley. 140 Wn.2d 58, 76, 993 P.2d 901 (2000): accord White v.

    Cited 0 timesUnpublished
  • Beverly Young, App. & Estate Of Bojilina H. Boatman, App./x-resp. v. Brian Boatman, Resp./x-app.

    Court of Appeals of Washington · Apr 12, 2021

    It is well established under Washington Law that ordinarily, trusts must bear the general costs of administration of the trust—including the expenses of necessary litigation. Allard v. Pac. … RCW 11.96A.030 states, “The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.”

    Cited 0 timesUnpublished
  • Randall Thomsen, Petitioners/cross-resps. v. Terence Butler, Resp./cross-petitioner

    Court of Appeals of Washington · Dec 31, 2018

    To the contrary, Berg clearly states that extrinsic evidence may be admissible to interpret unambiguous contract language. 115 Wn.2d at 668. … Thomsen presumably seeks to qualify the alleged mistake as an exercise of judgment because “[i]n general, mere errors in judgment or in trial tactics do not subject an attorney to liability for legal malpractice.”

    Cited 0 timesUnpublished
  • State of Washington v. David Stewart Lewis

    Court of Appeals of Washington · Dec 7, 2017

    Because in two [the first entry on December 19] you can clearly see that there's something under the coat, and in three [the second entry on December 19], he's got the-he's got the shoes in his hands. … Evidence established he intended to cause Deputy Hardesty fear and apprehension. . . .

    Cited 0 timesUnpublished
  • State Of Washington, V James C. Mathes

    Court of Appeals of Washington · Jan 24, 2017

    ER 702, referring to expert testimony, provides: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified … “Under ER 702, expert testimony will be considered helpful to the trier of fact only if its relevance can be established.” Atsbeha, 142 Wn.2d at 917-18.

    Cited 0 timesUnpublished
  • State Of Washington v. Matthew L. Christenson

    Court of Appeals of Washington · Aug 12, 2019

    competent, zealous, timely, patient representation”; (8) Christenson “would have similar disagreements about strategy in trial” if the court “were to appoint yet a third trial attorney”; (9) “substitution at this point would clearly … doubt his or her competency, 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 a qualified

    Cited 0 timesUnpublished
  • State Of Washington, V. Cristian A. Magana-arevalo

    Court of Appeals of Washington · Aug 26, 2024

    And you can see the defendant is clearly on his cell phone while shopping; the same phone that he denied having later on December 1st. … Magaña Arevalo cannot establish a claim for ineffective assistance of counsel on this basis. C.

    Cited 0 timesUnpublished
  • State Of Washington, V. Randy Smith

    Court of Appeals of Washington · Aug 23, 2022

    Smith clearly demonstrated a lack of mental capacity to conduct a defense at the July 2019 hearing where the trial court initially denied his request for self-representation. … Simply put, Smith was convicted of a crime that clearly remains a most serious offense.

    Cited 0 timesUnpublished
  • Steve Miller, et ux v. Drew Dalton

    Court of Appeals of Washington · Sep 18, 2018

    So clearly it would have had an offsetting impact on the total damages that we're sitting here today. RP at 1055-56. … The court later added intentional conduct as qualifying for emotional distress damages. Schmidt v. Coogan entailed ordinary negligence of an attorney.

    Cited 0 timesUnpublished
  • John Mason, V Tatyana Mason

    Court of Appeals of Washington · Jul 31, 2018

    Now, clearly clients are entitled to aggressive advocacy, but I believe the advocacy in this case presented an untrue presentation to the court which created unnecessary litigation. … The I-864 affidavit creates a binding contract between the sponsor and the federal government, and establishes the sponsored immigrant as a third-party beneficiary. Id.

    Cited 0 timesUnpublished
  • Debra Stevens, Appellant/cr-respondent V. Craig Jonov, M.d., Respondent/cr-appellants

    Court of Appeals of Washington · Aug 4, 2025

    In this case, the responding party/defendant simply provided the hard copies of those records in response, clearly electing hard copy.17 16 She further argued that even if Jonov … This evidence was not “discovered since the trial” and therefore does not qualify as “newly discovered evidence.” 28 The trial court did not err in denying a new trial on this basis.

    Cited 0 timesUnpublished
  • Joseph Mojarrad & Nicole Ching v. Lorraine Walden

    Court of Appeals of Washington · Dec 19, 2016

    testimony, Gilbert clearly stated that "he owned the driveway." … Lorraine contends these letters did not 17 No. 74546-8-1/18 qualify as an effective tender because they purported to tender defense of claims which had yet to be brought against

    Cited 0 timesUnpublished
  • In Re The Marriage Of Jonathan J. Arras, Res. And Laura G. Arras (now Mccabe), App.

    Court of Appeals of Washington · Jul 15, 2019

    The court found that, while McCabe clearly had a history of depression, "there is also a great deal of documentation in the file that she has been able to work at least part time. … But as the decision in Hunter illustrates, this rationale does not fall within the "framework of established 'equitable principles" that warrants retroactively modifying a court order. See Hunter, 52 Wn.

    Cited 0 timesUnpublished
  • Abbigail Gutierrez v. Olympia School District

    Court of Appeals of Washington · Dec 10, 2014

    Gutierrez clearly did not offer VV' s statement to prove that Shafer and VV were friends. … McGoey' s opinion clearly usurps the role of the jury.

    Cited 0 timesUnpublished

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