Case law

State Of Washington v. Peter Rodriquez

Court of Appeals of Washington · Jun 1, 2015

The second definition more clearly communicates the reality that, in the strangulation context, a person's breathing or blood flow is obstructed in degrees, not discrete intervals. … Evidence adduced at trial established that Rodriquez grabbed Hendon by the throat and forcefully squeezed it.

Tatham v. Rogers

170 Wash. App. 76 · Court of Appeals of Washington · Aug 14, 2012

The court observed, “[W]e do not say that the more vicious the attack on the judge the less qualified he is to act. A judge cannot be driven out of a cas e” Id. at 463-64 . … As noted earlier, they would even more clearly require disclosure under the current version of the CJC. See supra note 5.

State v. Leuluaialii

118 Wash. App. 780 · Court of Appeals of Washington · Oct 13, 2003

However, as to technique, we believe the arguments about human DNA are better focused by reference to ER 702 and its two-part test: (1) does the witness qualify as an expert and (2) will the testimony be helpful to the jury … The evidence here clearly involved novel scientific theory: the forensic identification with high statistical probabilities of a specific dog through analysis of canine DNA.

In Re The Welfare Of T.a.w.

Court of Appeals of Washington · Jul 7, 2015

Because CW is TAW' s biological parent, he clearly had standing and a statutory right to participate in the termination proceedings and this appeal. … No termination of parental rights may be ordered.in such " proceeding in the absence of a detennination, supported by evidence beyond a reasonable doubt, including testimony of qualified

Bowers v. Pollution Control Hearings Bd.

13 P.3d 1076 · Court of Appeals of Washington · Dec 4, 2000

We must look at the decision not as the chemist, biologist or statistician that we are qualified neither by training nor experience to be, but as a reviewing court exercising our narrowly defined duty of holding agencies … For ease of reference, we will continue to refer to the agency as SWAPCA. [4] RCW 70.94.154(5) provides: "In establishing...

Dumas v. Gagner

137 Wash. 2d 268 · Washington Supreme Court · Feb 4, 1999

West 43rd Avenue: [[Image here]] *274 Respondent asked for a declaratory judgment that the Benton County Auditor committed a wrongful act in placing Appellant Frost in the wrong precinct and that Appellant Frost was not qualified … When the Port of Kennewick established the current port commission district boundaries in 1992, the western terminus of West 43rd Avenue was a turnaround at approximately the west boundary of Lot six.

Morganstern

District Court, W.D. Washington · Aug 10, 2026

Gulbranson is not a “qualified witness,” who can establish these 4 necessary facts, any attempt to assert the exception as to any of the exhibits fails. 5 b. … But the Court has found here that Plaintiff has not established its burden for the 15 WCAA claim.

Tri-State Memorial Hospital v. United States of America

District Court, E.D. Washington · May 28, 2026

This guidance clearly provides insight into how the ERC 5 should be interpreted and considered. Accordingly, the Court recognizes its 6 persuasiveness to this issue. … Plaintiff states to ensure compliance with this, Plaintiff was “(1) limited 13 and monitored its entrances; (2) established and implemented COVID-19 screening 14 procedures for all persons entering the Hospital; and

Raymond Grove v. Peacehealth St. Joseph's Hospital

Court of Appeals of Washington · Oct 28, 2013

Ghidella testified that the damage sustained by Grove was "clearly" a result of the late diagnosis. Dr. … Moreover, in a tortious interference case, no expert testimony is necessary to establish duty.

State Of Washington v. Tommy Lee Cook Sr.

Court of Appeals of Washington · Apr 13, 2021

Cook first argues that the State failed to establish that Matthews was a material witness. We disagree. … The burden of establishing materiality “has been described as establishing a colorable need for the person to be summoned.” State v. Smith, 101 Wn.2d 36, 41-42, 677 P.2d 100 (1984).

State v. Horrace

28 P.3d 753 · Washington Supreme Court · Aug 2, 2001

steadfastly to the constitutional safeguards we have previously identified in the area of passenger privacy and emphasize here that the issue before us requires no more or no less than a thoughtful application of those well-established … We cannot agree with Horrace that his apparent motionlessness in the face of the driver's movements in his direction immunized him from suspicion.

Smith v. Pick-N-Pull

District Court, W.D. Washington · Dec 16, 2020

Here, although plaintiff qualifies financially to proceed IFP, her proposed complaint 22 fails to state a claim upon which relief can be granted, as discussed herein. … Plaintiff has filed multiple proposed 2 complaints on different court forms, but none of them clearly and plainly states her specific 3 claims against each employer and how she has alleged facts establishing the elements

Vincent v. Stewart

District Court, W.D. Washington · Jan 2, 2020

Id., at 5. 6 All of plaintiff’s claims for damages have been dismissed under qualified 7 immunity doctrine. Vincent v. Stewart, 757 Fed.Appx. 578 (9th Cir. 2018). … immunity.

Granger v. Federal Bureau of Investigations

District Court, W.D. Washington · Jan 21, 2025

the plaintiff is proceeding IFP “at any time” if it 20 determines that the complaint is frivolous, fails to state a claim on which relief may be granted, or 21 seeks monetary relief against a defendant who is immune … They must also clearly identify the basis for venue in 12 the Western District of Washington. See 28 U.S.C. § 1391(b); see also, e.g., Adeyinka v.

Hidalgo v. Barker

176 Wash. App. 527 · Court of Appeals of Washington · Sep 10, 2013

Hidalgo now argued was “clearly” the proper strategy. 5 Id. at 6. He observed that Mr. Stevensen had come close to acquittals. He commented on the fact that Mr. … He was highly qualified. Although, as Westport points out, Mr.

State Of Washington, Resp-cross v. Danny Giles, App-cross

196 Wash. App. 745 · Court of Appeals of Washington · Nov 28, 2016

the court cited to the "general rule" of other jurisdictions, requiring that "[bjefore such testimony can be received, there must be such proof of connection with the crime, such a train offacts or circumstances as tend clearly … This expert is not qualified to testify as to what Aimee Rogers and Barbara Leal testified to. They can testify to what their reports indicate, not this witness.

Borton & Sons, Inc. v. Burbank Properties, LLC

444 P.3d 1201 · Court of Appeals of Washington · Jul 16, 2019

Here, Burbank has failed to establish that equitable relief is warranted because it has failed to establish that the forfeiture would be inequitable. 2 No. 36189-6-III … It is, therefore, reasonable to require the party seeking equity to first establish that an inequity has occurred or will occur.

Cox v. O'BRIEN

206 P.3d 682 · Court of Appeals of Washington · May 5, 2009

This statement provided, in pertinent part: For a more comprehensive examination of the specific condition of thIS property, you are advised to obtain and pay for the services of a qualified specialist to inspect the property … Trial on Unjust Enrichment Claim ¶ 16 On September 28, the trial court concluded that O'Brien's so-called "indemnity agreement," was void as against public policy because the agreement was not clearly drawn as required under

State v. Eriksen

172 Wash. 2d 506 · Washington Supreme Court · Sep 1, 2011

his actions are barred from qualifying as a citizen's arrest under the "color of office" doctrine. … NOTES [1] In the courts below, Eriksen tried to establish that the entire incident occurred outside the Lummi Reservation.

MOE INS. CO. v. Dan Paulson Const., Inc.

169 P.3d 1 · Washington Supreme Court · Oct 11, 2007

"In order to establish bad faith, an insured is required to show the breach was unreasonable, frivolous, or unfounded." … establishing which of the Martinellis' claims were excluded from coverage under DPCI's policy.