Case law

State Of Washington, V Bruce Frank Fanning

Court of Appeals of Washington · Jan 19, 2022

On review, Division I of this court determined that “[b]y suggesting that a robbery may not satisfy the requirements of a justifiable homicide defense because it does not qualify as a violent felony, the instructions diluted … The door was forcefully broken open, Rosa had clearly attempted to enter the house through multiple means and when first confronted, Rosa responded to Fanning aggressively by saying “Fuck you.

State of Washington v. Megan Cherisse Lares-Storms

Court of Appeals of Washington · Apr 17, 2018

Searches conducted without prior approval by a judge or magistrate are per se unreasonable under article I, section 7 of the Washington State Constitution, subject only to a few established exceptions. State v. … This court held that a dog smelling through an open window of a vehicle from a lawful vantage point does not qualify as a search. In State v.

State of Washington v. Alan Ray Reukauf aka Allen Reukauf

Court of Appeals of Washington · Sep 22, 2020

To determine whether an out-of-state conviction qualifies as a “sex offense,” a trial court compares the out-of-state statute with the laws of Washington. … He should be made aware of the dangers and disadvantages, so that the record will establish that he knows what he is doing and his choice is made with eyes wide open. Id.

State of Washington v. Roger William Flook, Jr.

Court of Appeals of Washington · Jul 11, 2017

The officer's testimony was clearly designed to give the officer's opinion as to whether Mr. Barr had committed the offense .... … The State responds that the record suffices to establish that the trial court conducted the appropriate analysis.

State of Washington v. Oliver James Harmon

Court of Appeals of Washington · Feb 8, 2022

No reliable test for truthfulness exists, such that a witness is not qualified to judge the truthfulness of a child’s story. United States v. Azure, 801 F.2d 336, 341 (8th Cir. 1986); State v. Dunn, 125 Wn. … Finally, the to-convict instructions, like the information, clearly delineated the two counts. The court reasoned that delineation distinguished Land’s case from State v.

In Re The Marriage Of: Gillian Ben-artzi v. Eric Ben-artzi

Court of Appeals of Washington · Aug 10, 2015

RCW 26.19.071 (6).12 The purpose of the statutory order of priority is to ensure that the amount imputed reflects "the level at which the parent is capable and qualified." … It is well established that any award of emotional damages is separate property and future lost wages may be separate property.

Patricia Jonson v. Sears, Roebuck & Co., New York

Court of Appeals of Washington · Sep 27, 2016

It qualifies as an admissible expert opinion under ER 702. Finally, Sears argues that Ms. … Br. ofResp't at 1. 4 Clearly, Sears had knowledge of the condition. Open and Obvious Danger Finally, Sears argues that if the ottoman was dangerous, it was open and obvious.

State Of Washington, Respondent/cross-appellant v. Corean Barnes, Appellant/cross-respondent

Court of Appeals of Washington · Jun 17, 2014

In Barnes' s first appeal, we stated that selected portions of the recordings may qualify for the threats exception. Barnes, WL 3766574, at * 3. … A person is guilty of third degree rape if he or she engages in sexual intercourse with another person without consent, " and such lack of consent was clearly expressed by the victim' s words or

Michael Hansen v. Moses Lake Irrigation District

Court of Appeals of Washington · Sep 22, 2022

To be constitutional, such rates must qualify as fees, not taxes, under the Covell factors, which independently require a direct, reasonable relationship between the fee imposed and either a service provided to the fee … Hansen’s briefing points to nothing in the record that even suggests, let alone clearly establishes, that more than $0.25 per $1,000.00 in assessed value is being assessed by the District in reliance on its authority under

Personal Restraint Petition of Christopher Owens

Court of Appeals of Washington · Jan 31, 2017

I'll stand here and suggest to you the evidence doesn't establish, the facts don't establish that Richard Tyler was a violent person." 6 RP (May 27, 2011) at 787. … Owens simply has not established that he was prejudiced.

In re the Marriage of: Gene Edward Welton & Marina Lee Martin Welton

Court of Appeals of Washington · Apr 17, 2014

She received short-term and then long-term disability payments from insurance and eventually qualified for Social Security disability. During the period she was unable to work outside the home, Ms. … Welton clearly had the financial ability to pay $10,000 toward Ms. Martin's fees even though his parents, with or without his collusion, might delay his doing so.

In Re Parenting Of: E.j.s. Brian Michael Ribnicky v. Kati Johanna Sotaniemi

Court of Appeals of Washington · Dec 10, 2018

On September 27, 2016, Ribnicky brought this parentage action to establish a parenting plan and child support for E.J.S. … She clearly does.

Rebecca A. Rufin v. City Of Seattle

Court of Appeals of Washington · Aug 21, 2017

Nor does the e¢mail qualify as a recruitment file. … For the trial court to impose such a harsh sanction, the record must clearly show: “(1) one party willfully or deliberately violated the discovery rules and orders, (2) the opposing party was substantially prejudiced in its

Group Health Cooperative v. Terry Lynn Hall

Court of Appeals of Washington · Jan 5, 2021

The MCA contains no conditional qualifiers on a duty to cooperate, nor does it in any way reference the language limiting Group Health’s reimbursement “to the excess of the amount required to fully compensate” Hall. … Group Health established by undisputed facts that it was prejudiced by the actions of Hall and her attorney.

State Of Washington, V Catherine Anne Betts

Court of Appeals of Washington · Jul 30, 2013

S recently reaffirmed this principle in Melendez Diaz: - Business and public records are generally admissible absent confrontation not because they qualify … Again, nothing in the record suggests that - S Betts's bank records were prepared for the purpose of establishing or proving a fact necessary to Betts's crimes at trial.

State of Washington v. Adam Shaun Jennings

Court of Appeals of Washington · Jun 28, 2018

First, the evidence sufficiently establishes beyond a reasonable doubt that either John or Adam was the shooter. Mr. … To succeed on their prosecutorial misconduct claims, Adam and John have the burden to establish the prosecutor’s conduct was improper and prejudicial. In re Pers.

Mel T. Romero, V Secret Gardens Of Washington, Llc, Etal

Court of Appeals of Washington · Jun 29, 2021

We agree the provision was ambiguous because the contract did not establish which of the two options the parties intended to select. … But an ambiguous contract will not be construed against the drafter when the parties’ intent is clearly expressed in the record. Forest Mktg. Enters., Inc. v. Dep’t of Nat. Res., 125 Wn.

Renovatio Llc., V. Dato Soh Chee Wen

Court of Appeals of Washington · Nov 22, 2022

Renovatio has not established that anyone other than Hurme was the PETE for the Hurme Notes. … Capri’s motion for sanctions is not clearly without merit.

State of Washington v. Shalin E. Alltus

Court of Appeals of Washington · Jul 3, 2019

Bachtold’s motivation, but to establish his motivation she continually argued that she had a right to offer character evidence—character evidence she believed qualified for an exception to the general prohibition of such … Alltus would not be able to establish prejudice. 22 No. 34677-3-III State v.

In the Matter of the Marriage of: Michelle Minderman & Sean Minderman

Court of Appeals of Washington · May 9, 2019

The appellate court will only review a claimed error which is included in an assignment of error or clearly disclosed in the associated issue pertaining thereto. … In Combs, the court believed both parents were equally qualified to be the permanent primary residential parent.