Case law

State v. Ragan

22 Wash. App. 591 · Court of Appeals of Washington · Feb 6, 1979

Details are not admissible unless they are qualified under the res gestae (excited utterance) exception to the hearsay rule. State v. King, supra. See also State v. Bloomstrom, 12 Wn. … The reason for admitting it in the case in chief in sex crimes is clearly set forth in, 4 J. Wigmore, Evidence § 1135, at 298-300 (rev. ed. J.

Singleton v. Naegeli Reporting Corp.

175 P.3d 594 · Court of Appeals of Washington · Jan 15, 2008

It establishes requirements for certification, identifies unprofessional conduct, and provides sanctions for misconduct. … But because the terms of the agreement in the case did not allow disbursal of the earnest money and there was no dispute as to which party was entitled to the funds, the agency that released the funds was not immune from

Hadaller v. Port of Chehalis

97 Wash. App. 750 · Court of Appeals of Washington · Oct 29, 1999

In her letter, Pehl said, “In accordance with the project specifications the Port of Chehalis must now determine the lowest qualified bidder.” … She then asked each contractor to submit additional information so that the Port could determine “the lowest qualified bidder.”

State v. Teshome

94 P.3d 1004 · Court of Appeals of Washington · Jul 26, 2004

Instead, the court made the assumption that because Teclemaria had interpreted in the past, he must be qualified. But the statute does not merely require a qualified interpreter. … Although the court explained that the manager's apology was premature, because the court had not yet concluded that the interpreting had been poorly done, the manager clearly thought Teclemaria's work with Teshome had been

State v. Teshome

122 Wash. App. 705 · Court of Appeals of Washington · Jul 26, 2004

Instead, the court made the assumption that because Teclemaria had interpreted in the past, he must be qualified. But the statute does not merely require a qualified interpreter. … Although the court explained that the *706 manager’s apology was premature because the court had not yet concluded that the interpreting had been poorly done, the manager clearly thought Teclemaria’s work with Teshome had

ZDI Gaming, Inc. v. Washington State Gambling Commission

151 Wash. App. 788 · Court of Appeals of Washington · Aug 25, 2009

More important, the Shoop court went on to clearly state that article IV, section 6 “precludes any subject matter [jurisdiction] restrictions as among superior courts.” 149 Wn.2d at 37 . … The amount the trial court can award a qualified party is limited to $25,000. RCW 4.84.350(2).

In Re Welfare of At

34 P.3d 1246 · Court of Appeals of Washington · Nov 21, 2001

After he realized he might be the father, he had himself tested and established paternity. … s 1987 rape conviction clearly did not result in the birth of A.T.

Acord v. Pettit

174 Wash. App. 95 · Court of Appeals of Washington · Mar 14, 2013

Lang was clearly a well educated and a very experienced forester. He was then clearly qualified as an expert. … App. 747, 761 , 46 P.3d 284 (2002). “ ‘[Practical experience is sufficient to qualify a witness as an expert.’ ” Id: at 762 (alteration in original) (quoting State v.

Arnold v. Department of Retirement Systems

74 Wash. App. 654 · Court of Appeals of Washington · Jun 24, 1994

Patricia Arnold brought a declaratory judgment action challenging the constitutionality of the death benefit provisions of RCW 41.26, the statute that establishes and describes the Law Enforcement Officers’ and Fire Fighters … First, women clearly are not being disproportionately excluded to the advantage of men.

State v. Quigg

72 Wash. App. 828 · Court of Appeals of Washington · Feb 3, 1994

Cyr was qualified to offer an expert opinion on grooming. … Cyr's qualifications were established at the outset of her testimony.

Doty-Fielding v. Town of South Prairie

143 Wash. App. 559 · Court of Appeals of Washington · Mar 12, 2008

of South Prairie, 155 Wash.2d 527 , 120 P.3d 941 (2005), the court affirmed our decision, holding that Doty-Fielding is not subject to the IIA's exclusive remedy provision and that the IIA does not provide the Town with immunity … qualifications are unclear from the record as presented. [8] "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified

Zdi v. State Ex Rel. State Gambling Com'n

214 P.3d 938 · Court of Appeals of Washington · Aug 25, 2009

More important, the Shoop court went on to clearly state that article IV, section 6 "precludes any subject matter [jurisdiction] restrictions as among superior courts." 149 Wash.2d at 37 , 65 P.3d 1194 . … The amount the trial court can award a qualified party is limited to $25,000. RCW 4.84.350(2).

Grays Harbor Energy, LLC v. Grays Harbor County

175 Wash. App. 578 · Court of Appeals of Washington · Jul 23, 2013

A taxpayer bears the burden of establishing a tax exemption, and we must construe tax exemptions narrowly. 6 Bowie v. … GHE appears to make inconsistent assertions about which of its properties qualified as new construction.

Department Of Retirement Systems, V. Ronald Cordova

Court of Appeals of Washington · Jul 18, 2022

No. 82845-2-I/7 established by medical testimony.13 Specifically, for cerebral vascular accidents or strokes to qualify as an industrial injury, the “medical testimony [must show] the worker … This causal condition must be established by medical testimony.

State v. Peyton

29 Wash. App. 701 · Court of Appeals of Washington · Jun 30, 1981

In a 55-page majority opinion that discusses the leading studies on the issue of conviction proneness, Hovey concludes that the petitioner failed to establish that California death-qualified juries were so prosecution prone … As for Mathis, his attorney did present two witnesses tending to establish an alibi defense.

Songstad v. Municipality of Metropolitan Seattle

2 Wash. App. 680 · Court of Appeals of Washington · May 14, 1970

The immunity is now gone in this state; and in this ■ particular case the claims were timely filed. … Hoefer, a real estate appraiser, to establish a permanent impairment of the market value because of an alleged “continual threat of subsequent invasions.”

Husted v. State

187 Wash. App. 579 · Court of Appeals of Washington · May 11, 2015

a take charge relationship, and a “ ‘definite, established and continuing relationship,’ ” which is. … In light of our disposition of the case, we do not address the issues of qualified immunity and proximate cause.

In re the Detention of Anthony Rushton

190 Wash. App. 358 · Court of Appeals of Washington · Sep 24, 2015

During oral argument, the State's counsel commented "clearly, the statute was not adhered to [by DSHS.]" Report of Proceedings (RP) at 20. … In the meantime, DSHS has filed another report declaring that Rushton qualifies for confinement.

Roeder Co. v. K & E Moving & Storage Co.

4 P.3d 839 · Court of Appeals of Washington · May 30, 2000

The record establishes that railroads paid significant amounts for both easements and fee simple purchases. [17] Therefore, the negligible consideration alone does not negate the conclusion that, when read in light of Brown … Courts must "conduct a deed-by-deed analysis to ascertain whether the parties clearly and expressly limited or qualified the interest granted, considering the express language, the form of the instrument, and the surrounding

King Ex Rel. King v. Snohomish County

21 P.3d 1151 · Court of Appeals of Washington · Apr 25, 2001

King, stating that he did not believe the County was liable for her son's injury because of immunity statutorily afforded the County. … The Court held, however, that the plaintiffs could not establish the third factor requiring justifiable reliance.