Case law

State Of Washington, V William Henry Ellison

Court of Appeals of Washington · Mar 31, 2015

Ellison sang a short religious song and spoke about various topics not clearly related to the sentencing proceeding. … The record establishes that Ellison waived his jury trial rights knowingly, voluntarily, and intelligently and, contrary to the allegation in his SAG, against the advice of counsel. Ellison' s claim fails. B.

Shelden v. Department of Licensing

68 Wash. App. 681 · Court of Appeals of Washington · Feb 11, 1993

Clearly, the medical facility was providing Shelden with treatment for his injured knee. … The State failed to meet its burden to establish the statutory conditions precedent to requiring a blood test. The order revoking Shelden's driver's license is reversed. Seinfeld, A.C.J., and Morgan, J., concur.

State v. Rodriguez

14 P.3d 157 · Court of Appeals of Washington · Dec 14, 2000

There, a witness appeared under a cloak of immunity and testified about her role in the crime before the court, thus clearly implicating her complicity as a principal or accomplice. Here, Mr. … The identity of a party may be established by direct or circumstantial evidence. State v. Danielson, 37 Wash.App. 469, 472 , 681 P.2d 260 (1984).

In re the Marriage of Rossmiller

112 Wash. App. 304 · Court of Appeals of Washington · Jun 21, 2002

He also argues that the court should have considered all the factors in RCW 26.09.187(3)(a) for establishing a general parenting plan. … This case is the polar opposite of the paradigm contemplated by law. *309 I was hopeful that, with counseling, the relationship between Petitioner and Respondent would improve so as to qualify for joint custody.

Black v. National Merit Ins. Co.

226 P.3d 175 · Court of Appeals of Washington · Mar 1, 2010

When interpreting a contract our primary goal is to discern the intent of the parties, and such intent must be discovered from viewing the contract as a whole." [19] "In the absence of anything in the context of a contract clearly … Design, Inc., Profit Sharing Plan, 764 F.2d 827 , 833 (11th Cir.1985) ("It is an established principal that `[t]he word "or" is frequently construed to mean "and," and vice versa, in order to carry out the evident intent

State v. Walker

14 Wash. App. 348 · Court of Appeals of Washington · Oct 9, 1975

But there is no civil right to be immune from impeachment. The edge of the Bock decision is dulled, however, when one examines the Idaho statute relied upon in the quoted portion of that opinion. … The appellate court held this to be error, but harmless in the circumstances, and went on to cite Tate and Knott as establishing the rule in Washington that a conviction, even though followed by a deferred sentence is proper

Estate of Sly v. Linville

75 Wash. App. 431 · Court of Appeals of Washington · Aug 15, 1994

the action was not brought within the 3-year statute of limitation for fraud and negligence, (4) he did not have a sufficient pecuniary interest in the statements to support the claim, (5) as a potential witness, he was immune … The court held that the statute of limitation for medical malpractice did not apply to the cause of action, stating: Although in a general sense a doctor furnishes medical care to patients, clearly not every act of negligence

Richard L. Ferguson v. Employment Security Department

Court of Appeals of Washington · Jun 8, 2020

Issuing findings of fact qualifies as a protected action. Id. at 190. … Labrec established that “the [Employment Security] Department and its adjudicating officers are absolutely immune from liability when acting in a judicial capacity.” 52 Wn. App. at 189, 192.

Tahoma Audubon Society v. Park Junction Partners

128 Wash. App. 671 · Court of Appeals of Washington · Aug 3, 2005

In the DEIS, PALS concluded that the conference center qualified as a “critical facility” under the PCC: PCPALS [Pierce County Planning and Land Services] has determined that the conference center qualifies as a critical … load of 300 or more without a legitimate stage,” the conference center qualifies as a Group A occupancy.

State Of Washington v. Christi L. Kocher

199 Wash. App. 336 · Court of Appeals of Washington · Jun 26, 2017

The court concluded that this was insufficient to establish reasonable suspicion under RCW 46.61.140 and the cases cited in its written decision. … [38] Notably, this statute contains the qualifier "as nearly as practicable" that RCW 46.61.670 does not.

State v. Kreck

12 Wash. App. 748 · Court of Appeals of Washington · Feb 14, 1975

No other evidence established the cause of death. … State Toxicologist Notes Please identify and label all sample material clearly. Inquiries should refer to “Sample Identification” and “Date sample Received.”

In re the Marriage of Lee

176 Wash. App. 678 · Court of Appeals of Washington · Sep 16, 2013

Qualified Domestic Relations Order ¶17 Kennard argues that the trial court erred by refusing to enter the QDRO as presented by her attorney. … The language of RCW 26.09.140 clearly makes an award of fees and costs discretionary.

State v. Bellerouche

129 Wash. App. 912 · Court of Appeals of Washington · Oct 10, 2005

Belle-rouche was not a police officer on official business, and unlike the officers in these cases, Bellerouche had been served with a notice to stay off the property in question. f 13 The trespass notices served on Bellerouche clearly … A trespass notice is not the functional equivalent of testimony and may be admitted as a business record. ¶16 Police reports may be business records. 17 Bellerouche does not contend the second trespass notice did not qualify

Harold H. Wright, Jr., Et Ux. v. Pierce County

Court of Appeals of Washington · Aug 31, 2015

Wright has not rebutted that declaration, so the County has established that the trial court's ruling classified Ko's interview notes as work product. … Also, as a public official making a statement about a matter within her official duties, Kooiman had at least a qualified privilege. Gold Seal Chinchillas. Inc. v.

Makah Indian Tribe, V. Commissioner Of Public Lands Hilary Franz

Court of Appeals of Washington · May 25, 2021

DNR argues that these timber sales do not qualify as “proposals,” and they are not sufficiently definite for a meaningful SEPA review. … A “proposal” will not qualify for a categorical exemption from SEPA if it is a “segment of a proposal that includes . . .

Centennial Villas, Inc. v. Department of Social & Health Services

47 Wash. App. 42 · Court of Appeals of Washington · Mar 2, 1987

First, RCW 70.38.105(4)(a) provides that ”[t]he construction, development, or other establishment of a new health care facility" is subject to CON review. … The proposed services to be offered by the respondents qualify them as home health care agencies.

State v. Eplett

167 Wash. App. 660 · Court of Appeals of Washington · Apr 10, 2012

Br. of Appellant at 9; CP at 63. ¶13 In Workman, our Supreme Court held that “it would be proper for a trial court to include in its instruction to a jury on the crime of attempt the qualifying statement that *666 in order … person commits the crime of attempted rape of a child in the second degree when, with intent to commit that crime, he or she does any act that is a substantial step toward the commission of that crime’’ the two instructions clearly

Woods v. Bailet

67 P.3d 511 · Court of Appeals of Washington · Apr 21, 2003

RCW 4.96.010 waives sovereign immunity for all local government entities. … A public health authority established by a municipality for the purpose of providing free or low-cost health care clearly falls within that definition.

State v. Sullivan

69 Wash. App. 167 · Court of Appeals of Washington · Mar 25, 1993

dismissed over objection and replaced by an alternate after most of the evidence had been heard; that he was deprived of a right to a fair trial because of misconduct by the prosecutor; and that the evidence was insufficient to establish … When the trial court has clearly and unequivocally ruled against the exclusion of evidence, the party, in order to preserve the issue on appeal, should not be required to again raise the issue in front of the jury at the

First Pioneer Trading Co. v. Pierce County

191 P.3d 928 · Court of Appeals of Washington · Sep 3, 2008

First Pioneer contended that its steel fabrication business qualified as a prior legal nonconforming use and, as such, was not subject to the local zoning ordinance. 1. … The applicant must show that (1) the hearing examiner mistakenly interpreted the law; (2) there was insufficient evidence to support the decision; or (3) the hearing examiner's decision was clearly erroneous.