Case law

Personal Restraint Petition Of: James Charles Mathes

Court of Appeals of Washington · Jul 12, 2022

Muscatel explained, “[W]hile his behavior was clearly intentional in the general sense, the question is whether he could have formed the intent to assault as opposed to engage in a bizarre version of self-defense. … For instance, one of Mathes’s primary focuses during negotiations was to not have any firearm sentencing enhancements included in his plea so he could qualify for more good time on his sentence.

Angelia Marie Peterson v. Paul Edwin Peterson

Court of Appeals of Washington · Apr 9, 2018

By 2008, Angelia was suffering from "excessive fatigue" and struggling to "think clearly or to concentrate." According to Dr. … Further, if the wife qualifies for any social security disability or social security benefit, her spousal maintenance will go down by such amount.

State Of Washington v. Adam J. Persell

Court of Appeals of Washington · Apr 14, 2020

State failed to prove he took a substantial step because he and Hannah were still in the negotiation stage. 9 No. 52236-5-II Here, unlike Grundy, the evidence establishes … Thus, his present convictions in Thurston County qualified as a second strike requiring a sentence of life without the possibility of release under the POAA.

Thelma Kloster v. Schenectady Roberts

Court of Appeals of Washington · Feb 6, 2014

The Klosters contend Ameri-Title qualifies as an insurer under RCW 48.01.040, .050, and .070 and WAC 284-30-320. … Moreover, the duty to defend does not arise if the alleged claim clearly is not covered by the policy. Kirk, 134 Wn.2d at 561.

State Of Washington v. Joseph L. Edwards

Court of Appeals of Washington · Dec 10, 2019

Such an error may be harmless “if other instructions clearly limit the crime to the charged alternative.” State v. Brewczynski, 173 Wn. App. 541, 549, 294 P.3d 825 (2013). … If a defendant establishes that the State attorney’s statements were improper, prejudice is determined under one of two standards of review.

Ahmet Chabuk, V. Frances Miller

Court of Appeals of Washington · Jul 7, 2021

In April 2009, Miller qualified for public housing assistance through the Bremerton Housing Authority (BHA) in the amount of $650 per month. … Chabuk may not obtain an eviction or other remedies against Miller unless he can establish: a. That Miller has failed to comply with her duties under the lease. b.

State of Washington v. Debra Jean Shoemaker

Court of Appeals of Washington · Jan 8, 2019

Our Supreme Court has held that the language used in RCW 9.94A.530(2) “clearly demonstrates that a sentencing court may rely on . . . something less than the usual adversarial process (‘information . . . admitted, acknowledged … The fact that guilt has already been established should not result in indifference to the integrity of the sentencing process.

State Of Washington v. Endy Domingo Cornelio

Court of Appeals of Washington · Apr 5, 2016

Medical Purposes Cornelio first argues that AC qualifies as a very young child. Based on this argument, Cornelio further argues that it was likely that AC fabricated the abuse allegations. … Her demeanor, clearly, was quiet. She did not want to talk really at all unless she had to, but that was especially true, it seems, when she had to talk about the actual acts of abuse.

In re the Marriage of Debra M. Aldridge & Willard D. Aldridge, Jr.

Court of Appeals of Washington · Oct 16, 2014

Will added Debra's name to the Squilchuck title in order to qualify for a 1031 like-kind exchange to avoid federal income tax. The value of the property is $185,000. … And the burden is on the spouse claiming separate funds to clearly and convincingly trace them to a separate source.

State of Washington v. Thomas Alvin Swarers

Court of Appeals of Washington · Dec 5, 2019

b : the state of mind with which an act is done : VOLITION 2 : a usually clearly formulated or planned intention . . . … Dunaway, the Supreme Court faced the question of whether the two respective crimes committed by each offender qualified for same criminal conduct treatment.

State Of Washington, V Rory Lee Mickens

Court of Appeals of Washington · Jun 6, 2017

Yet not all strategies or tactics are immune from attack. Caldellis, 187 Wn.2d at 141. … Constructive possession is established when “the defendant was in dominion and control of either the drugs or the premises on which the drugs were found.” State v. Callahan, 77 Wn.2d 27, 30-31, 459 P.2d 400 (1969).

State v. Hartzog

26 Wash. App. 576 · Court of Appeals of Washington · Jun 26, 1980

The prevailing rule is that visual and body cavity searches, within the confines of a penal institution, are reasonable if performed by qualified personnel in a reasonable and nonabusive manner. Bell v. … Expert testimony established the residue on the spoons and syringe was an amphetamine.

State Of Washington v. Jimmy Lee King

Court of Appeals of Washington · Sep 16, 2019

Furthermore, the Court specifically finds that defendant clearly intended to prevent the witness’s testimony. … The record establishes the prosecutor agreed to stipulate that C.B.

State of Washington v. Parris D. Miller

Court of Appeals of Washington · Oct 14, 2025

Clearly, the State has shown that Miller posed a threat of violence, escape, and disruption. … See Ollivier, 178 Wn.2d at 841 (“A defendant ordinarily must establish actual prejudice before a violation of the constitutional right to a speedy trial will be recognized.”).

Roil Energy, LLC v. Joseph (Jay) Edington, et ux

Court of Appeals of Washington · Aug 2, 2016

Edington easily raise capital by selling the shares of an established, but nonoperating, publicly- traded company. … Before the court can find a delivery, the intention of the grantor to consummate the transaction so as to fully vest the title in the grantee must be clearly shown. Puckett v.

Enid Duncan v. City Of Edgewood

Court of Appeals of Washington · Nov 1, 2016

Contrary to the City’s position, our decision did not immunize the Council’s decision to reject the property owners’ objections at a reassessment hearing from any scrutiny on appeal. … Although we have declined to address the evidentiary standard for overcoming presumptions in favor of the City at the municipal hearing level, Brickhouse’s unsupported declaration clearly falls short.

In re the Dependency of: A.M.K.H.

Court of Appeals of Washington · Oct 20, 2022

The ICWA director for L.K.’s tribe testified as a qualified expert that the Department had made active efforts and L.K. did not challenge active efforts by the Department at trial. Id. at 694. … “It is the Department’s responsibility to clearly document its actions in the record to enable the court to reach an informed conclusion about the Department’s provision of active efforts.”

State Of Washington v. Zakaria Sumbundu

Court of Appeals of Washington · Dec 16, 2019

Hilal had clearly made him out to be, someone who he was not. But Mr. Sumbundu will explain the reason he went into this detail. … “To qualify for attorney-client privilege, a communication must be made in confidence.” Morgan v. City of Fed. Way, 166 Wn.2d 747, 757, 213 P.3d 596 (2009).

State Of Washington v. Nathan Chavez

Court of Appeals of Washington · Jul 21, 2020

In Slocum, this court held that proof of a common plan “to molest children” did not qualify for the “common scheme or plan” exception to ER 404(b). 183 Wn. App. at 452-53. … Whether the State proved a special allegation to support an exceptional sentence “‘is a factual inquiry, the [jury’s] reasons will be upheld unless they are clearly erroneous.’” State v. Hale, 146 Wn.

State Of Washington, V. Michael Holliday

Court of Appeals of Washington · Feb 15, 2022

The State argued that, as an ophthalmologist, Lefkowitz was not qualified to discuss any “neurological findings or speculation about whether or not a thrombosis was or was not present” in KP’s brain prior to his death, … There, the Supreme Court held that trial counsel was ineffective because of “counsel’s unexplained failure to interview clearly identified and accessible witnesses.” Jones, 183 Wn.2d at 345.