Case law

In Re Dependency Of F.p.s., 9/22/08, Fidel Padilla-negrete, App v. Dshs, Resp

Court of Appeals of Washington · May 14, 2018

Coder testified that Smith clearly had very deep affection for her children. … Nos. 76262-1-1, 76263-0-1, 76264-8-1, 76361-0-1 and 76362-8-1/ 23 were clearly expressed during his testimony. He was protective of Smith.

State of Washington v. Jeremy Joseph Alvarez

Court of Appeals of Washington · Oct 29, 2019

“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 if … But this clearly was not prejudicial because the jury’s verdicts showed the jury did not believe Ms. Murstig. The trial court also erred by twice commenting on the evidence.

Personal Restraint Petition Of Larry Paul Williams

Court of Appeals of Washington · Sep 16, 2019

The evidence at trial established that Hana remained outside for hours that day. … One such rule is the series-qualifier canon, in which an adjective at the beginning of a conjunctive phrase applies equally to each object within that phrase. SCALIA & GARNER, supra, at 147.

State Of Washington, V. Simeon Cruz

Court of Appeals of Washington · Oct 28, 2025

Instead, it clearly and unambiguously required Simeon to comply with a boundary to be set by the Department. … The court concluded that although the statute outlined the prohibited place of loitering and class of people prohibited from loitering, it did not sufficiently define what actions would qualify as loitering.

State of Washington v. Jack Maurice Hewson, Jr.

Court of Appeals of Washington · Apr 25, 2013

The jury clearly heard Mr. Delao received a safe harbor from all state prosecution, not just the sentence enhancements. … LaCount about her alleged pretrial interview statements on cross-examination because they qualified as prior inconsistent statements. See ER 613(a); State v. Newbern, 95 Wn.

State Of Washington v. Marshall J. Lewis

Court of Appeals of Washington · Mar 3, 2020

So, clearly I can find that you have the ability to pay legal financial obligations. VRP (May 8, 2018) at 992. The court also found Lewis indigent for trial and indigent for appeal. … The State laid an extensive foundation with Ninete to establish that the documents were what the State purported them to be.

Zurich American Ins., Resp/cross-apps v. Ledcor Industries, Inc., App/cross-resp

Court of Appeals of Washington · Dec 10, 2018

The Admiral, even With the attached commercial units at the base, qualifies as a residential building. … Only if the alleged claim is clearly not covered by the policy is the insurer relieved of its duty to defend ”i$j;k, i34 Wn.2d at 561.

Madelynn M. Tapken v. Spokane County

Court of Appeals of Washington · Jun 13, 2019

Malinak’s appeal brief did not assign error to the trial court’s ruling that, as a matter of law, he failed to establish his claim for medical bills. … This court qualified the rule with the principle that the knowledge must be specific and not general. No one had asked Wojcik if he knew the dip in the road could obscure his view of oncoming traffic.

State Of Washington, V Derek Mark Loughrey

Court of Appeals of Washington · Jan 4, 2017

Loughrey did not qualify his statements by saying, for instance, that he was “not a convicted child molester” or had never been “charged with molesting a child.” … If believed, AS’s testimony established that Loughrey sexually abused AS, a child under 12, when Loughrey was over 24 months older than AS—actions which constitute first degree child rape. See RCW 9A.44.073.

State of Washington v. Jeremiah James Gilbert

Court of Appeals of Washington · Apr 3, 2018

The statutory subsection references “criminal law violations” without limiting the nature or seriousness of the qualifying crimes. … No testimony before the resentencing court established that the crimes reflected irretrievable depravity or irretrievable corruption. No testimony established that Jeremiah Gilbert was irredeemable in 1992 or in 2016.

In the Matter of the Marriage of: Mary Alice Carlson & Hugh David Carlson

Court of Appeals of Washington · May 30, 2019

I think the only person that had any interest in this and was clearly at odds with Mary was Mr. Carlson. … Carlson was clearly the force behind it. The missing fruit proceeds at Borton was an interesting issue. Again, that was an evolving issue throughout this case. Mr.

State Of Washington v. Richard Svaleson, Jr.

Court of Appeals of Washington · May 30, 2018

Prejudice is established by showing a substantial likelihood that the prosecutor’s misconduct affected the verdict. Id. … Svaleson argues the prosecutor “clearly conveyed to the jurors that a failure to convict would be to make this E.B.’s fault” through this statement. Br. of Appellant at 42.

David W. Murphy v. Medical Oncology Associates, P.S.

Court of Appeals of Washington · Jun 29, 2023

Ultimately, the court offered a tentative, qualified ruling: [N]ot knowing what the testimony, what it’s going to look like, I’m sort of guessing and putting some parameters on this. … The rule only applies “[w]hen the trial court has clearly and unequivocally ruled against the exclusion of evidence.” Id. Here, the rule afforded Mr.

In re the Termination of: E. R. D.

Court of Appeals of Washington · Jan 19, 2017

(dissent) with a safe and secure home environment. ... 1.13 Continuation of the parent-child relationship clearly diminishes the child's prospects for integration into a stable and permanent … Busha would hold no reason to seek the location since no attorney-client relationship had been established.

State of Washington v. Gordon James Ennis

Court of Appeals of Washington · Mar 18, 2021

Next, the prosecutor stated that the defense counsel did not have a case, and that the petitioner was clearly a “murder two”. … Ennis Ennis cannot establish ineffective assistance on the existing record.

Midtown Limited Partnership v. Omari Tahir-garrett

Court of Appeals of Washington · Apr 23, 2018

Judge Hill reset the hearing for January 10, 2017, and required that Tahir-Garrett produce verification from a qualified health care provider if he was unable to attend the hearing that day. … Given that, Judge Parisien's contempt rulings were clearly tenable. Tahir-Garrett's claims fail.

Detention of Aron Nixon

Court of Appeals of Washington · Sep 12, 2023

The State alleged that Nixon’s 2017 conviction for assault in the second degree qualified as a sexually violent offense. … The State responds that Washington case law establishes that no such presumption exists in SVP civil commitment cases.

Deborah Burksfield v. LSI Properties, LLC

Court of Appeals of Washington · Mar 15, 2018

“To establish prejudice, the party making the challenge to an order shortening time must show a lack of actual notice, a lack of time to prepare for the 4 Respondents ask us to strike Ms. … Burksfield contends (and as would clearly be wrong) that no member has any remedy under the operating agreement after the final judgment in Burksfield I. She concluded, instead, that Ms.

State Of Washington v. Chris Marion Mcnicholas

Court of Appeals of Washington · May 30, 2018

Second, it ruled that the State sought to introduce the evidence to show a common scheme or plan and to establish intent. … The burden is on the defendant to “establish the crimes constitute the same criminal conduct.” Graciano, 176 Wn.2d at 539.

State of Washington v. Jeremy Joseph Alvarez

Court of Appeals of Washington · Sep 17, 2019

“[A]ny remark that has the potential effect of suggesting that the jury need not consider an element of an offense could qualify as judicial comment.” Levy, 156 Wn.2d at 721. … But this clearly was not prejudicial because the jury’s verdicts showed the jury did not believe Ms. Murstig. The trial court also erred by twice commenting on the evidence.