Case law

Maggie Properties, Llc, V. Bernard Nolan

Court of Appeals of Washington · Dec 4, 2023

There, the court found a causal link between Giebeler being unemployed due to his disability, leaving him “insufficient income to qualify for the apartment.” Id. … For example, if he established that, and warned the landlord, he was prone to sending such outbursts, he may have been able to show a connection between this behavior and a proposed accommodation of accepting such messages

State Of Washington, V. Reid Benjamin Johnston

Court of Appeals of Washington · May 31, 2023

Thus, on review, our Supreme Court accepted the State’s concession that the plea was involuntary because Bisson was never clearly informed that the enhancements would be served consecutively. Id. at 525-26. … The totality of the circumstances establish that Johnston understood that he was required to act knowingly with regard to Counts II and III.

Otto Guardado, V. Mark Taylor, Et Ux

Court of Appeals of Washington · May 18, 2021

In both Spahi and here, the court was the entity that either established ownership or authorized a sale. Public policy supports ensuring that purchasers can benefit from the reliability of these court orders. … And “‘[a]s a default rule, the word “or” does not mean “and” unless legislative intent clearly indicates to the contrary.’” Ctr. for Envtl. Law & Policy v.

Fort Discovery Corp. v. Jefferson County

Court of Appeals of Washington · Sep 9, 2020

For example, to obtain an operating permit, commercial shooting facilities must undergo a professional safety evaluation by a qualified shooting range evaluator. … Article 1, on the other hand, “clearly regulates the discharge of firearms,” because it “expressly prohibits the discharge of firearms in certain areas.” Id. at 406 n.3.

Christy M. Mckinley v. Benjamin S. Porter

Court of Appeals of Washington · Sep 23, 2019

Mckinley also testified that she would not qualify for state medical insurance for much longer, and the only way to get on Sommer’s insurance before their baby was born in September was to live together. … Thus, Porter has not established financial need—rather, his financial declaration establishes that his ability to pay exceeds McKinley’s.

State Of Washington v. Charles Frank Fisher

Court of Appeals of Washington · Mar 25, 2019

[Tb qualify as a claim of manifest error affecting a constitutional right, the defendant must identify the constitutional error and show that it actually affected his or her rights at trial. … The requirements under RAP 2.5(a)(3) should not be confused with the requirements for establishing an actual violation of a constitutional right or for establishing lack of prejudice under a harmless error analysis

State of Washington v. Michael J. Braae

Court of Appeals of Washington · Oct 14, 2025

In other words, the legislature has clearly indicated that in order to prove first degree felony murder, the State must prove not only that the defendant caused someone’s death but also that the killing … Considering these two statutes together, it is not so subjective what types of materials would qualify as “sexually exploitive” so to make the term constitutionally suspect. 10 The legislature amended RCW 9.68A.011

State Of Washington, V. Robert Jerome Smith

Court of Appeals of Washington · Jun 14, 2022

The other 11 jurors have tried to explain and show the instructions clearly, but they have refused to listen and have started making personal attacks. … The other 11 jurors have tried to explain and show the instructions clearly, but they have refused to listen and have started making personal attacks.

Jeremy Conklin, V. University Of Washington School Of Medicine

Court of Appeals of Washington · Jan 3, 2023

Any and all documents comparing osteopathic physician training to allopathic physician training and/or osteopathic surgeons being less skilled or qualified than allopathic surgeons. 8. … Based on this record, we reverse the trial court and conclude that UW did not meet its burden to establish it conducted an adequate search for responsive records as to PR-342 and, thus, violated the PRA.

State Of Washington v. Steven M Marshall

Court of Appeals of Washington · Mar 25, 2019

Alternatively, Marshall asserts that admission of his pro se motions during trial qualifies as manifest constitutional error, reviewable for the first time on appeal under RAP 2.5(a)(3). … Marshall's and Erker's text messages establish that they located Prince's home, referred to it as the "honey pot," and intended to carry out a plan that required them to locate his home.

State Of Washington, V Steven Grant Williams

Court of Appeals of Washington · Apr 2, 2013

Prejudice prong To show prejudice,the defendant must establish that "` there is a reasonable probability that, but for counsel's deficient performance, … It is beyond dispute that there are more passive, less violent means of assaulting a child that qualify as second degree assault under RCW 9A. 6. without 130

State Of Washington, V Manuel v. Alvarez

Court of Appeals of Washington · Mar 27, 2018

The prosecutor argued that accidental touching and touching for hygiene was not the type of touching that qualified as sexual touching because that type of touching would not be for the purpose of gratifying sexual desires … Evidence that Alvarez rubbed A.R.’s vagina was clearly in the record.

Diana S. Shelby v. Washington State Department of Health

Court of Appeals of Washington · Sep 4, 2014

The standard of appellate review has been established by the legislature. … The health law judge could reasonably find that continued pain, difficulty eating and speaking, and being forced to change a patient's diet to soft foods, qualify as moderate harm.

State Of Washington v. Jorge Javier Zayas Lopez

Court of Appeals of Washington · Dec 27, 2016

and this has happened to other kids -- Zayas-Lopez objected at this point, asserting that Mettler's statements were not made for the purpose of medical diagnosis and that the State had not laid the foundation to qualify … Thus, Alexander and Carlson are inapposite. 18 No. 74056-3-1/19 Stirling was not 'clearly' commenting on A.D.'

State Of Washington, Appellant/cross-respondent v. J.j.w.d., Respondent/cross

Court of Appeals of Washington · Mar 2, 2020

established a relationship with J.J.W.D. via an online social media platform, Snapchat. … The testimony at trial establishes beyond a reasonable doubt that any reasonable jury would have reached the same result absent the error.

State Of Washington, V. Kevin Laurence Lewis

Court of Appeals of Washington · Dec 26, 2023

Phelps testified Lewis did not seem to think that Phelps “doing it myself” was “sufficient enough,” or that Phelps was “qualified enough.” … Additionally, Lewis does not establish prejudice. The other acts established through the ER 404(b) evidence were not similar to the charged crime of planning a contract murder.

State Of Washington v. M.d.

Court of Appeals of Washington · Jun 22, 2020

. — All witnesses are presumed competent to testify, and a party challenging the competence of a child witness must establish a compelling reason to rebut this presumption. … challenge to a community custody condition prohibiting an offender from visiting businesses dealing in “sexually explicit” materials. 72 The court explained a business selling “sexually explicit” material primarily sold “‘clearly

State of Washington v. Arnulfo Romero Bravo

Court of Appeals of Washington · Apr 28, 2020

Bravo challenges for the first time on appeal cannot qualify as manifest constitutional error. The time passing from when Ms. Kipp was strangled to when she died is not an ultimate fact. … Bravo’s contention that the court performed an insufficient ER 403 analysis, the court explained, While I think this evidence is clearly prejudicial in the sense that it’s used to try to sway the jury one

In re the Guardianship of: Judith Diane Holcomb

Court of Appeals of Washington · Oct 18, 2018

This is important and necessary information because clearly the CPG Board and Supreme Court did not want Ms. … It has done so in GR 23, establishing the framework and delegating some regulatory and rulemaking tasks to the Board. Id. at 782.

State Of Washington, V. Jeremy Fenney

Court of Appeals of Washington · Aug 17, 2021

Furthermore, the State presented overwhelming evidence from the victims establishing Fenney’s crimes. … Failure to establish either prong is fatal to an ineffective assistance of counsel claim. Id.