related claim in Washington

2016App. 906, 911 , 301 P.3d 492 (2013), remanded, 182 Wn.2d 827 , 344 P.3d 680 (2015), issued before Highsmith’s May 23, 2014 sentencing, provided notice that the failure to object to LFOs during sentencing may waive a related claim of error on appeal.

2015Our decision in Blazina , issued before Lyle’s March 14, 2014 sentencing, provided notice that the failure to object to LFOs during sentencing waives a related claim of error on appeal. 1 174 Wn.

1965Also, it is in accord with the related rule that, the subsequent enactment of a statute which treats a phase of the same general subject matter in a more minute way consequently repeals pro tanto the provisions of the general statute with which it conflicts. 1 Sutherland, Statutory Construction (3d ed.) 488, § 2022; In re Walder v. Belnap, 51 Wn. (2d) 99, 316 P. (2d) 119 .

1965Also, it is in accord with the related rule that, the subsequent enactment of a statute which treats a phase of the same general subject matter in a more minute way consequently repeals pro tanto the provisions of the general statute with which it conflicts. 1 Sutherland, Statutory Construction (3d ed.) 488, § 2022; In re Walder v. Belnap, 51 Wn. (2d) 99, 316 P. (2d) 119 .

2016App. 906, 911 , 301 P.3d 492 (2013), remanded, 182 Wn.2d 827 , 344 P.3d 680 (2015), issued before Highsmith’s May 23, 2014 sentencing, provided notice that the failure to object to LFOs during sentencing may waive a related claim of error on appeal.

2016App. 906, 911 , 301 P.3d 492 (2013), remanded, 182 Wn.2d 827 , 344 P.3d 680 (2015), issued before Highsmith’s May 23, 2014 sentencing, provided notice that the failure to object to LFOs during sentencing may waive a related claim of error on appeal.

2016Id. at 658 . ¶17 Here, the Millies made no such specific objection to instruction 7 or to the failure to give a related instruction.

1992Falk v. Keene Corp., 113 Wn.2d 645, 658 , 782 P.2d 974 (1989); see also Crossen v. Skagit Cy., 100 Wn.2d 355, 358 , 669 P.2d 1244 (1983).

2015(Emphasis omitted.) More specifically, in Coast Pacific Trading, Inc. v. Department of Revenue, 105 Wn.2d 912, 917-18 , 719 P.2d 541 (1986), our Supreme Court rejected an argument, similar to Avnet’s, that the related rule governing international transactions, WAC 458-20-193C, exempted more sales from the B&O tax than the statute or the constitution required.

2015(Emphasis omitted.) More specifically, in Coast Pacific Trading, Inc. v. Department of Revenue, 105 Wn.2d 912, 917-18 , 719 P.2d 541 (1986), our Supreme Court rejected an argument, similar to Avnet’s, that the related rule governing international transactions, WAC 458-20-193C, exempted more sales from the B&O tax than the statute or the constitution required.

2013A separate but related requirement is that a destructive and foreseeable impact justifying an exceptional sentence must be of a " estructive nature that is not normally associated with the d commission of the offense in question."State v. Cuevas Diaz, 61 Wn.

2013On the contrary, the nature of the “victim” of the crime of rendering assistance, discussed above in Part II.2.a., above, signals that these effects on specific individuals were not considered for this purpose. ¶67 A separate but related requirement is that a destructive and foreseeable impact justifying an exceptional sentence must be of a “destructive nature that is not normally associated with the commission of the offense in question.” State v. Cuevas-Diaz, 61 Wn.

1972Mercer Island v. Walker, supra ; State v. Collins, 55 Wn.2d 469 , 348 P.2d 214 (1960).

1972Mercer Island v. Walker, supra ; State v. Collins, 55 Wn.2d 469 , 348 P.2d 214 (1960).

2025The independent source exception is a related doctrine and allows that “evidence tainted by unlawful governmental action is not subject to suppression . . . provided that it ultimately is obtained pursuant to a valid warrant or other lawful means.” Gaines, 154 Wn.2d at 718 .

2025DeSantis v. Angelo Merlino & Sons, Inc., 71 Wn. 2d 222 , 427 P.2d 728 (1967) (holding that when amended claims or defenses arise out of the same events set forth in the original pleading, the amended pleadings relate back to the date of the original pleading).

2025DeSantis v. Angelo Merlino & Sons, Inc., 71 Wn. 2d 222 , 427 P.2d 728 (1967) (holding that when amended claims or defenses arise out of the same events set forth in the original pleading, the amended pleadings relate back to the date of the original pleading).

2025If the State relies on this exception in its opposition to a defense motion to suppress, it must affirmatively establish that “the subsequent search is based on untainted independently obtained information, and the State’s decision to search is not motivated by the previous unlawful search or seizure.” State v. Smith, 165 Wn.

2024A. Due Process In the default judgment context, “[d]ue process is satisfied . . . if, before entering a default judgment or dismissing a claim or defense, the trial court concludes that there was ‘a willful or deliberate refusal to obey a discovery order, which refusal substantially prejudices the opponent’s ability to prepare for trial.’” Smith v. Behr Process Corp., 113 Wn.

2021Ford Motor Co. v. City of Seattle, 160 Wn.2d 32, 41 , 156 P.3d 185 (2007).

2021Ford Motor Co. v. City of Seattle, 160 Wn.2d 32, 41 , 156 P.3d 185 (2007).

2018We therefore affirm the Court of Appeals in part and reverse in part. ¶ 142 Because Maytown prevailed on its Section 1983 claim in this court, we also grant Maytown's request for appellate attorney fees and costs incurred before this court related to that claim. 42 U.S.C. § 1988 ; Jacobsen v. City of Seattle, 98 Wash.2d 668 , 675-76, 658 P.2d 653 (1983) (A prevailing plaintiff under a Section 1983 claim " 'should ordinarily recover an attorney's fee [related to that claim] unless special circumstances would render such an award unjust.' " (quoting *253 Newman v. Piggie Park Enters., Inc., 390

2018We therefore affirm the Court of Appeals in part and reverse in part. ¶ 142 Because Maytown prevailed on its Section 1983 claim in this court, we also grant Maytown's request for appellate attorney fees and costs incurred before this court related to that claim. 42 U.S.C. § 1988 ; Jacobsen v. City of Seattle, 98 Wash.2d 668 , 675-76, 658 P.2d 653 (1983) (A prevailing plaintiff under a Section 1983 claim " 'should ordinarily recover an attorney's fee [related to that claim] unless special circumstances would render such an award unjust.' " (quoting *253 Newman v. Piggie Park Enters., Inc., 390

2018We therefore affirm the Court of Appeals in part and reverse in part. ¶ 142 Because Maytown prevailed on its Section 1983 claim in this court, we also grant Maytown's request for appellate attorney fees and costs incurred before this court related to that claim. 42 U.S.C. § 1988 ; Jacobsen v. City of Seattle, 98 Wash.2d 668 , 675-76, 658 P.2d 653 (1983) (A prevailing plaintiff under a Section 1983 claim " 'should ordinarily recover an attorney's fee [related to that claim] unless special circumstances would render such an award unjust.' " (quoting *253 Newman v. Piggie Park Enters., Inc., 390

2018We therefore affirm the Court of Appeals in part and reverse in part. ¶ 142 Because Maytown prevailed on its Section 1983 claim in this court, we also grant Maytown's request for appellate attorney fees and costs incurred before this court related to that claim. 42 U.S.C. § 1988 ; Jacobsen v. City of Seattle, 98 Wash.2d 668 , 675-76, 658 P.2d 653 (1983) (A prevailing plaintiff under a Section 1983 claim " 'should ordinarily recover an attorney's fee [related to that claim] unless special circumstances would render such an award unjust.' " (quoting *253 Newman v. Piggie Park Enters., Inc., 390

2017State v. Lorenz, 152 Wn.2d 22, 38 , 93 P.3d 133 (2004); see also State v. Grogan, 147 Wn.

2017State v. Lorenz, 152 Wn.2d 22, 38 , 93 P.3d 133 (2004); see also State v. Grogan, 147 Wn.

2017Id. at 153 .

2017But the Washington Supreme Court has repeatedly rejected this claim, most recently in State v. Trey M., 186 Wn.2d 884, 893-94 , 383 P.3d 474 (2016). 15 No. 72728-1-1 /16 Sufficiency of Charging Document Jordan challenges the sufficiency of the information charging bail jumping.

2017But the Washington Supreme Court has repeatedly rejected this claim, most recently in State v. Trey M., 186 Wn.2d 884, 893-94 , 383 P.3d 474 (2016). 15 No. 72728-1-1 /16 Sufficiency of Charging Document Jordan challenges the sufficiency of the information charging bail jumping.

2017App. 940, 953 , 55 P.3d 673 (2002) (evidence was sufficient for a jury to find that a victim's fear was reasonable when the defendant told the victim, "You're going to have another Columbine around here, you guys better watch out," and the victim testified that "I was concerned that [the defendant] was making a threat that he could come back in and cause violence."(emphasis added)).26 24 CP at 4. 25 Appellant's Opening Br. at 24-25. 26 In a related claim, Jordan asserts that Washington's felony harassment statute, RCW 9A.46.020(1), violates the First Amendment to the United States Constitution

2016App. 96, 102 , 308 P.3d 755 (2013) (legislature has divested courts of discretion to consider defendant’s ability to pay when imposing mandatory LFOs). 8 46729-1-II sentencing, provided notice that the failure to object to LFOs during sentencing potentially waives a related claim of error on appeal.

2015Other conduct may show an intent by both parties to abandon their contract." RESTATEMENT (SECOND) OF CONTRACTS § 283, cmt. a (1981); Lockhart v. Greive, 66 Wn.

2015E.g., Dunlap v. Fort Mohave Farms, Inc., 89 Ariz. 387 , 363 P.2d 194 (1961) and cases cited therein. ¶51 A related principle is that parties to a bilateral contract may make an agreement of rescission discharging each other from all remaining obligations under an existing agreement and that such an agreement “need not be expressed in words.

2015E.g., Dunlap v. Fort Mohave Farms, Inc., 89 Ariz. 387 , 363 P.2d 194 (1961) and cases cited therein. ¶51 A related principle is that parties to a bilateral contract may make an agreement of rescission discharging each other from all remaining obligations under an existing agreement and that such an agreement “need not be expressed in words.