Case law

State Of Washington, V. John Michael Sanchez

Court of Appeals of Washington · Jan 25, 2022

Sanchez argues that the reasons provided do not justify an exceptional sentence and that the sentence imposed was clearly excessive. … Sanchez has not established any grounds for reversal in his SAG arguments.

State of Washington v. David Randall Priest

Court of Appeals of Washington · Aug 1, 2017

Priest The United States government acknowledges the Colville Tribe as having "the immunities and privileges available to federally recognized Indian Tribes." … The Washington Constitution provides added safeguards, in part, because unlike the Fourth Amendment, article I, section 7 clearly recognizes an individual's right to privacy with no express limitations. State v.

In Re The Detention Of Patrick Mcgaffee

Court of Appeals of Washington · Aug 14, 2017

Abbott testified that McGaffee does not have a qualifying mental disorder and that McGaffee's risk "falls below the [statutory] threshold of more likely than not." As a result, Dr. … The State clearly explained to the jury that the State had the burden of proof.

State Of Washington v. Shelly Arndt

Court of Appeals of Washington · Dec 12, 2017

Lynam later established that the couch area was the area of origin.8 Lynam then layered9 around the couch area. … In order to give an opinion based on such specialized knowledge, the knowledge must be helpful to the jury and the witness needs to be qualified as an expert. ER 702.

Johnathan L. Walker v. Jennifer L. Johnson

Court of Appeals of Washington · Apr 17, 2017

Walker appeals the trial court's orders establishing a residential parenting plan and ordering him to pay child support for M.J.W. … We will reconsider only decisions that are "clearly erroneous and that would work a manifest injustice" to the party seeking review.

Jeffrey Bede, Et Ano, Res. v. Overlake Hospital Medical Center, Et Ano, App.

Court of Appeals of Washington · Oct 7, 2013

On causation, he qualified his responses by saying he was not an infectious disease expert and was not offered to give causation opinions. … ," clearly trying to set up the credibility argument for down the road. RP (Dec. 27, 2011) at 984-85.

In the Matter of the Welfare of: C.J.J.I.

Court of Appeals of Washington · Aug 22, 2024

Robin Haskell, the Cheyenne River Sioux Qualified Expert Witness (QEW), testified at the dependency fact-finding hearing. Haskell declared: Q. … The facts establish by clear, cogent, and convincing evidence, including testimony of a qualified expert witness (QEW), that continued custody by the parent is likely to result in serious emotional or physical

Chase P. Hornaday v. Diana R. Hornaday

Court of Appeals of Washington · Aug 20, 2024

RCW 26.09.187(3) establishes seven factors that the trial court must generally consider when making residential provisions for each child. … And Chase does not establish that he is unable to pay or challenge Diana’s financial affidavit.

Michael Gitre, V. Sumita Gitre

Court of Appeals of Washington · Mar 15, 2022

Singer explained: There are a number of other incidents in [Sumita]’s medical history that are of record which clearly demonstrate an acute, episodic Bipolar events with psychotic processes. … A parent seeking a contempt order must establish the contemnor’s bad faith by a preponderance of the evidence. Williams, 156 Wn. App. at 28.

Arthur C. Banks, Res/cross-app V. City Of Tacoma, App/cross-res.

Court of Appeals of Washington · Jun 2, 2021

Smith did not recall if he contacted the city manager’s office in this particular case because he was “no longer able to distinguish the various requests clearly in [his] memory.” CP at 1116. … By contrast, footage from university campus security cameras did not qualify for an exemption 20 No. 52072-9-II under RCW 42.56.240(1) in part because a university campus

Kyle J. Branchick, V Melrose Station Homeowners Assoc.

Court of Appeals of Washington · Aug 22, 2023

The relevant provisions of the Declaration read together clearly demonstrate that Melrose Station did not make any promise to Branchick to enforce its parking restrictions. … The plaintiff must seek an express assurance and the government must clearly provide that assurance. Id. at 789.

Beverly Young, App. & Estate Of Bojilina H. Boatman, App./x-resp., V. Brian Boatman, Resp./x-app.

Court of Appeals of Washington · May 10, 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.”

In Re The Parentage Of H.a.a., A.k.a. And B.m.a.

Court of Appeals of Washington · Jul 15, 2014

But no perjury has been established here. … Here, the tape did not clearly convey that Parlari had falsely accused Amaral of rape, although it could be interpreted that way.

State Of Washington v. Brice Nowacki

Court of Appeals of Washington · Jan 9, 2018

Smith, 97 Wn.2d 856, 651 P.2d 207 (1982), our Supreme Court considered whether a sworn statement given during a police station interrogation qualified as an “other proceeding” under ER 801(d)(1). … This record clearly shows that Malakowsky’s prior statement contradicts his trial testimony. See Johnson, 40 Wn. App. at 377.

Mark R. Hoffman v. Providence Health & Services - Washington

Court of Appeals of Washington · May 23, 2023

She stated, “Those alternative masks were clearly for his use and considered for him,” see id., but speculation and conclusory statements will not preclude summary judgment. Strauss v. … Hoffman’s employment because of his allergy To establish a prima facie case of discharge based on disability, Dr.

Personal Restraint Petition Of Keonte Amir Smith

Court of Appeals of Washington · Mar 5, 2024

The State also argues that Smith cannot establish prejudice warranting relief. … NOT RETROACTIVE Under former RCW 13.40.110 (2018), none of Smith’s offenses would have qualified for a decline hearing, and his case would have remained in juvenile court.

State Of Washington v. Dranoel Brown

Court of Appeals of Washington · Feb 12, 2018

To prove a felony violation of a no-contact order, the State must establish that the I See RCW 9.94A.535(2). … There was no risk of the jury convicting Brown without the State establishing every element of this offense beyond a reasonable doubt.

State of Washington v. Ernest James Sorrell

Court of Appeals of Washington · Jan 25, 2018

I qualify for food stamps, but I feel that putting an additional burden on the State to support me is not in anybody’s best interest. . . . … RCW 9.94B.040 clearly indicates “The state has the burden of showing noncompliance by a preponderance of the evidence.” ....

State Of Washington v. Derek John Dossantos

Court of Appeals of Washington · Sep 26, 2017

Do not patronize prostitutes o[r] establishments that promote the commercialization of sex. … If the legislature has not clearly stated its intent, we may apply the “same evidence” or “same elements” test to the charged offenses. Id. at 772, 776.

State of Washington v. Billy Samuel Temple

Court of Appeals of Washington · Jun 5, 2018

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). … To raise the defense, the defendant need only produce “some evidence” tending to establish it. State v. Janes, 121 Wn.2d at 237.