Case law

Harvey v. Department of Employment Security

53 Wash. App. 333 · Court of Appeals of Washington · Nov 22, 1988

The administrative law judge (ALJ) concluded Camlu met its burden to establish the discharge was the result of misconduct and found no evidence Ms. … Harvey's refusal to fold the linens qualifies as misconduct is a question of law, to which we apply the error of law standard.

State v. Brewczynski

173 Wash. App. 541 · Court of Appeals of Washington · Feb 14, 2013

This error may be harmless if other instructions clearly limit the crime to the charged alternative. Severns, 13 Wn.2d at 549 ; Chino, 117 Wn. App. at 540 . … As established above, this is a factual issue that is within the trial court’s discretion. Id. at 890 .

State v. Bellerouche

120 P.3d 971 · Court of Appeals of Washington · Oct 10, 2005

Bellerouche 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. ¶ 13 The trespass notices served on Bellerouche clearly … 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

State v. Meade

120 P.3d 975 · Court of Appeals of Washington · Oct 11, 2005

Violation of the terms of his probation qualifies as an aggravating factor supporting a manifest injustice determination. See Rhodes, 92 Wash.2d at 761 , 600 P.2d 1264 . ¶ 11 4. … The Blakely Court showed no intention, as Meade suggests, to overrule its well-established holding that the right to a jury does not attach to the traditional juvenile justice system. See McKeiver v.

Seattle Professional Engineering Employees Ass'n v. Boeing Co.

92 Wash. App. 214 · Court of Appeals of Washington · Aug 31, 1998

. . . yield to what the legislature has established as the law.” … Thus, the qualified employees should have been compensated for the time spent at orientation at the agreed-upon rate as contained in their employment agreement because orientation was work and the qualified plaintiffs were

In re the Detention of Elmore

134 Wash. App. 402 · Court of Appeals of Washington · Aug 8, 2006

We use the statute’s current version to resolve this case because it expresses the legislature’s intent more clearly and completely. See State v. … The legislature clearly stated that only a change in the underlying mental condition, not a change in a demographic factor, could be a basis for a new trial under RCW 71.09.090(3). RCW 71.09.090(4). III. Rejecting Dr.

In RE DETENTION OF ELMORE v. State

139 P.3d 1140 · Court of Appeals of Washington · Aug 8, 2006

We use the statute's current version to resolve this case because it expresses the legislature's intent more clearly and completely. See State v. … The legislature clearly stated that only a change in the underlying mental condition, not a change in a demographic factor, could be a basis for a new trial under RCW 71.09.090(3). RCW 71.09.090(4). III. REJECTING DR.

Johnson v. State

164 Wash. App. 740 · Court of Appeals of Washington · Nov 8, 2011

Babcock II, 144 Wn.2d at 789, 791 . ¶23 Johnson “concedes that... he cannot qualify for the ‘special relationship’ exception to the public duty doctrine.” Br. of Appellant at 16. … And, because we affirm on grounds the superior court did address, we need not address causation on appeal. 10 Stated differently, “ ‘It is only where a direct inquiry is made by an individual and incorrect information is clearly

Reese v. Stroh

74 Wash. App. 550 · Court of Appeals of Washington · Jun 13, 1994

Fallat’s reasoning and methodology can clearly be applied to the facts in issue. … He clearly emphasized that treatment decisions are based on many different criteria.

Wilfred A. Larson, Resps. v. City Of Bellevue

Court of Appeals of Washington · Jul 13, 2015

Once a firefighter shows that he suffers from a qualifying disease, RCW 51.32.185(1) establishes a presumption that the condition is an occupational disease and imposes upon the employer the burden of producing … Coleman's testimony because "the witness clearly qualifies as an expert with information that would assist the trier of fact, and that's based not only on the recitation of the qualifications, but also my review of the

Pierce County v. State

185 P.3d 594 · Court of Appeals of Washington · May 28, 2008

It should not be allowed to benefit from this act by hiding behind the cloak of sovereign immunity. … Under RAP 10.3(g), we review only issues set forth in an assigned error or clearly disclosed as an associated issue.

Armantrout v. Carlson

170 P.3d 1218 · Court of Appeals of Washington · Nov 13, 2007

And Cascade cannot show how it was misled into changing its position in response to the Armantrouts' position. ¶ 22 Further, the positions that the Armantrouts take are not "clearly inconsistent." … Rafferty, financial dependence was established based on the "pecuniary loss" the parents suffered at the death of their daughter, who did not pay rent but "contributed to the expenses of the household." [41] ¶ 36 Moreover

State v. Grover

55 Wash. App. 923 · Court of Appeals of Washington · Oct 23, 1989

Carlanne Gardner testified under a grant of immunity after shé was arrested on a material witness warrant. … James Parker also testified under a grant of immunity after he was arrested on a material witness warrant.

Tahoma Audubon Society v. PARK JUNCTION

116 P.3d 1046 · 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.

VEHICLE/VESSEL LLC, DRA v. Whitman County

95 P.3d 394 · Court of Appeals of Washington · Aug 3, 2004

who is qualified and was chosen through the open competitive process. … Clearly Mr. Antoni knew the procedures for appointment of a successor subagent. His letter of intent refers to the DOL's guidelines and contract assignment terms. Mr.

Armantrout v. Carlson

141 Wash. App. 716 · Court of Appeals of Washington · Nov 13, 2007

Rafferty, financial dependence was established based on the “pecuniary loss” the parents suffered at the death of their daughter, who did not pay rent, but “contributed to the expenses of the household.” 41 ¶36 Moreover, … Thus, as in Wash *731 ington, to qualify under the statute, a surviving parent must be substantially, financially dependent on the decedent for support. Id. at 1448 . See Schumacher, 107 Wn.

State v. Thomas

135 Wash. App. 474 · Court of Appeals of Washington · Sep 18, 2006

Ross is controlling precedent and clearly provides that under these circumstances, Thomas waived his right to challenge the comparability of his California conviction for receiving stolen property. … The issue in Ortega was whether a prior Texas conviction for second degree indecency with a child was comparable to a qualifying Washington “strike” offense that required the child victim be under 12 years old.

State v. Martin

14 Wash. App. 74 · Court of Appeals of Washington · Aug 4, 1975

Cir. 1972), the court stated at page 1002: Our rule permits the introduction of expert testimony as to abnormal condition if it is relevant to negative, or establish, the specific mental condition that is an element of the … The instructions when read as a whole clearly required the State to prove that the *78 defendant intended to commit the act.

Diamaco, Inc. v. Aetna Casualty & Surety Co.

97 Wash. App. 335 · Court of Appeals of Washington · Sep 7, 1999

Instead, the court there explained that the limitations on coverage arose from the policy’s stated exclusions, not the insuring clause: The qualifying phrase, “to which this insurance applies” underscores the basic notion … The language and structure of the policies in this case clearly adopt the first approach.

Freeman v. Department of Social & Health Services

173 Wash. App. 729 · Court of Appeals of Washington · Feb 20, 2013

err (1) in concluding that the Department of Social and Health Services (Department) timely invoked appellate jurisdiction, (2) in finding general supervisory care is not a Medicaid medical assistance service, and (3) in establishing … Parents League is clearly distinguishable from Freeman’s case. The issue there was whether 42 U.S.C. § 1396d(a)(13) should be construed to include services that are either rehabilitative or habilitative.