defendant asserting violation in Washington

2016State v. Nionqe. 181 Wn.2d 546, 556 , 334 P.3d 1068 (2014): see also State v. Russell. 183 Wn.2d 720 , 729 n.6, 357 P.3d 38 (2015); State v. Koss. 181 Wn.2d 493, 503-04 , 334 P.3d 1042 (2014).

2016State v. Nionqe. 181 Wn.2d 546, 556 , 334 P.3d 1068 (2014): see also State v. Russell. 183 Wn.2d 720 , 729 n.6, 357 P.3d 38 (2015); State v. Koss. 181 Wn.2d 493, 503-04 , 334 P.3d 1042 (2014).

1998Laches is an equitable defense based on estoppel *844 and applies when the defendant asserting the doctrine affirmatively establishes: “(1) knowledge by plaintiff of facts constituting a cause of action or a reasonable opportunity to discover such fact; (2) unreasonable delay by plaintiff in commencing an action; and (3) damage to defendant resulting from the delay in bringing the action.” Davidson v. State, 116 Wn.2d 13, 25 , 802 P.2d 1374 (1991).

1998Laches is an equitable defense based on estoppel *844 and applies when the defendant asserting the doctrine affirmatively establishes: “(1) knowledge by plaintiff of facts constituting a cause of action or a reasonable opportunity to discover such fact; (2) unreasonable delay by plaintiff in commencing an action; and (3) damage to defendant resulting from the delay in bringing the action.” Davidson v. State, 116 Wn.2d 13, 25 , 802 P.2d 1374 (1991).

2016State v. Nionqe. 181 Wn.2d 546, 556 , 334 P.3d 1068 (2014): see also State v. Russell. 183 Wn.2d 720 , 729 n.6, 357 P.3d 38 (2015); State v. Koss. 181 Wn.2d 493, 503-04 , 334 P.3d 1042 (2014).

2016State v. Nionqe. 181 Wn.2d 546, 556 , 334 P.3d 1068 (2014): see also State v. Russell. 183 Wn.2d 720 , 729 n.6, 357 P.3d 38 (2015); State v. Koss. 181 Wn.2d 493, 503-04 , 334 P.3d 1042 (2014).

2015State v. Douglas, 128 Wn.

2015State v. Douglas, 128 Wn.

2024“Even the best criminal defense attorneys would not defend a particular client in the same way.” Strickland, 466 U.S. at 689 . 17 No. 86172-7-I A defendant asserting a claim that the defendant’s trial counsel was constitutionally ineffective faces several hurdles.

2021In addition to offering evidence of the road’s opening, the Coalition and County argue that if their evidence is insufficient, the doctrine of laches forecloses an attack based on the nonuser statute. 39 No. 37297-9-III Gamble Land & Timber, Ltd. et al. v. Okanogan County Laches is an equitable defense based on estoppel and applies when the defendant asserting the doctrine affirmatively establishes: “(1) knowledge by plaintiff of facts constituting a cause of action or a reasonable opportunity to discover such fact; (2) unreasonable delay by plaintiff in commencing an action; and (3) damage to

2021App. 833, 843-44 , 963 P.2d 890 (1998) (citing Davidson v. State, 116 Wn.2d 13, 25 , 802 P.2d 1374 (1991)).

2015A defendant asserting this defense must establish by substantial evidence that the plaintiff was negligent as to her own care.42 This requires showing that 41 See Joyce v. Dep't of Corn. 155 Wn.2d 306, 325 , 119 P.3d 825 (2005); see also Allison v. Dep't of Labor & Indus., 66 Wn.2d 263, 265-66 , 401 P.2d 982 (1965). -14- NO. 73639-6-1/15 the plaintiff had a duty to exercise reasonable care, breached that duty, and that the breach actually and proximately caused the resulting harm.43 Instructing the jury on a party's contributory negligence where no evidence of it exists constitutes error.44 Pa

2015A defendant asserting this defense must establish by substantial evidence that the plaintiff was negligent as to her own care.42 This requires showing that 41 See Joyce v. Dep't of Corn. 155 Wn.2d 306, 325 , 119 P.3d 825 (2005); see also Allison v. Dep't of Labor & Indus., 66 Wn.2d 263, 265-66 , 401 P.2d 982 (1965). -14- NO. 73639-6-1/15 the plaintiff had a duty to exercise reasonable care, breached that duty, and that the breach actually and proximately caused the resulting harm.43 Instructing the jury on a party's contributory negligence where no evidence of it exists constitutes error.44 Pa

2015"Credibility determinations are for the trier of fact and cannot be reviewed on appeaL" State v. Camarillo, 115 Wn.2d 60, 71 , 794 P.2d 850 (1990). 15 No. 32998-4-II1 State v. Mulligan A defendant asserting a claim of self-defense bears the initial burden of producing some evidence that his or her actions occurred in circumstances amounting to self- defense.

2015"Credibility determinations are for the trier of fact and cannot be reviewed on appeaL" State v. Camarillo, 115 Wn.2d 60, 71 , 794 P.2d 850 (1990). 15 No. 32998-4-II1 State v. Mulligan A defendant asserting a claim of self-defense bears the initial burden of producing some evidence that his or her actions occurred in circumstances amounting to self- defense.

1991Hayden v. Port Townsend, 93 Wn.2d 870, 874-75 , 613 P.2d 1164 (1980).

1991Hayden v. Port Townsend, 93 Wn.2d 870, 874-75 , 613 P.2d 1164 (1980).