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Washington Appeals / Appellate Law Questions & Answers
0 Answers | Asked in Appeals / Appellate Law and Workers' Compensation for Washington on
Q: How to handle a petition for review on evidence error after losing a workers' compensation hearing?

I recently lost at a workers' compensation hearing where the judge incorrectly stated that admitted evidence was not admitted. The evidence was a one-page index listing items, including a weight chart for an item that caused my back injury. No specification was made that only certain items on... View More

0 Answers | Asked in Appeals / Appellate Law and Workers' Compensation for Washington on
Q: Is unlisted witness testimony allowed in workers' comp hearing in WA?

In my workers' compensation claim hearing, one of the defendant's attorneys sent a letter stating that neither they nor their client would participate further, yet they attended the hearing but did not actively participate. During the hearing, a witness who was not on the participating... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Civil Rights for Washington on
Q: Can a conviction be appealed in Washington for an accidental shooting incident involving intoxication?

My girlfriend accidentally shot me in the hand while we were intoxicated. She was interrogated at our house while I was taken to the hospital, and due to her intoxication, her statements were inconsistent. Law enforcement pressed different narratives, leading to a charge of assault 2. Despite... View More

Patrick Owen Earl
Patrick Owen Earl
answered on Mar 11, 2025

The real answer here is no, by accepting the deal and pleading guilty you gave up your rights to confront your accusers and question them. All your appeal rights so that is just the way it is. You should have fought the case and gone to trial and then if you lost your appeal rights would still be... View More

1 Answer | Asked in Appeals / Appellate Law and Workers' Compensation for Washington on
Q: Can I cite medical literature in workers' comp review?

I recently had my workers' compensation case denied and the decision was affirmed by the Board of Industrial Insurance Appeals. The case involves my lower back pain, where an MRI showed degenerative disc disease, osteoarthritis, and a disc fissure. The defendants' expert witness stated... View More

Charles William Michaels
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Charles William Michaels
answered on Mar 9, 2025

I don't see why not...

0 Answers | Asked in Banking, Consumer Law and Appeals / Appellate Law for Washington on
Q: What are my rights to dispute a denied charge from a subscription service?

I subscribed to a meal/food delivery service in January 2025 and paid for the first week's meals using my debit card. After canceling the subscription service on January 25, 2025, I was unexpectedly charged by the same company on February 8, 2025. Upon contacting the merchant, I was not... View More

0 Answers | Asked in Appeals / Appellate Law, Consumer Law and Business Law for Washington on
Q: Does a Division Three Washington Court opinion have precedential value?

I would like to know if an opinion from Division Three of the Washington State Court of Appeals in a significant commercial case affecting Washington consumers and businesses has precedential value.

0 Answers | Asked in Criminal Law, Gov & Administrative Law and Appeals / Appellate Law for Washington on
Q: DOC issues warrants post-release under Blake law. How to resolve?

I was released from jail and the Department of Corrections (DOC) under the Washington v. Blake law, which initially determined that my DOC obligations were terminated. However, the DOC later issued a warrant for my arrest without my knowledge, and I was arrested. I have since received another... View More

Q: How to file Habeas Corpus when not in jail?

I am in Washington State, dealing with what I believe to be a corrupt court handling my criminal case. My situation involves an ineffective public defender who refuses to file CrR 8.3(b), forcing me to represent myself at one point. I've been denied access to CPS records necessary for my... View More

1 Answer | Asked in Criminal Law, Immigration Law, Appeals / Appellate Law and Civil Rights for Washington on
Q: How to complaint about petitioner of protection order first name is fake?

I am the respondent and appellant in a protection order case. It was later revealed that the person used a fake first name since entering the United States. I have documents, pictures, and evidence from their social media interactions. However, I have not communicated with the person directly;... View More

James L. Arrasmith
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answered on Dec 11, 2024

Let me help you understand the legal implications of your situation while being mindful of both your rights and obligations under the protection order.

Regarding online searches, looking up publicly available information about someone, even if they're using a different name, generally...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Constitutional Law and Municipal Law for Washington on
Q: I was charged for a DV that happened outside of the municipality.

I signed a SOC that listed the municipality incorrectly. I'm trying to attack the SOC. Shouldn't the court need juristriction to approve the SOC.

James L. Arrasmith
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answered on May 19, 2024

If you were charged for a domestic violence incident that happened outside of the municipality, and the Stipulation of Compromise (SOC) lists the incorrect municipality, you have grounds to challenge it. The court needs proper jurisdiction to approve and enforce legal agreements, including an SOC.... View More

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Civil Rights for Washington on
Q: How to fight ejectment order, based on fraud and judge execution of judgment without hearing new evidence?

Case brought on using Breach of Contract. Sellers withheld knowledge of payment made, and posted vacate notice on door the 31st of same month instituting Anticipatory breach. I placed cessation on payments as a single woman for self protection as sellers trying to take my home. I submitted new... View More

James L. Arrasmith
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answered on Apr 11, 2024

I'm so sorry to hear about your difficult situation with the fraud and unfair ejectment order. Dealing with legal issues around your home is incredibly stressful. Here are some general suggestions that may be helpful as you fight the ejectment order:

1. Consult with an attorney who...
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1 Answer | Asked in Appeals / Appellate Law and Civil Rights for Washington on
Q: What is the review in the Superior Court of Washington civil division?

I'm appealing an impound hearing which was held in district Court and denied in district Court of Washington.

James L. Arrasmith
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answered on Mar 16, 2024

In Washington State, when you appeal a decision from a district court, such as an impound hearing decision, your case moves to the Superior Court for review. This process is part of the civil division in the Superior Court, which handles a variety of cases, including appeals from lower courts. Your... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Washington on
Q: Can the party who has the clear and convincing evidence still be "Speculating?"

How can someone with the truth still be accused of Speculating?

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2024

A Washington attorney could advise best, but your question remains open for a week. Based on the brief post, it appears that the judge, arbitrator, or opposing counsel does not accept your evidence at face value toward the issue you are arguing. One option could be to review the file with attorney,... View More

1 Answer | Asked in Civil Litigation, Appeals / Appellate Law and Gov & Administrative Law for Washington on
Q: When does "Lack of knowledge " or "Lacks information sufficient to form a belief " end?

First thank you everyone for answering my previous questions, very helpful.

When your oposising party claims "Lacks information sufficient to form a belief" throughout the entire civil litigation (obviously no investigation on their part to the "knowledge" and after I... View More

Tim Akpinar
Tim Akpinar
answered on Dec 26, 2023

A Washington attorney could advise best, but your question remains open for a week. That's a standard rubber-stamp response. You could consult with an attorney about options, but the other side could assert that at the time of the pleadings, lack of knowledge was the case. Good luck

1 Answer | Asked in Appeals / Appellate Law for Washington on
Q: Why would a magistrate judge say to a plaintiff that he never did ask a federal question, when he did?

What can a plaintiff do when after he enters district court on a federal question, with a state judgement from another state on the same issues and the Law Referenced is An Act of Congress., the magistrate judge never acknowledges this and tells the plaintiff , he never did ask a federal question.

Tim Akpinar
Tim Akpinar
answered on Dec 9, 2023

A Washington attorney with experience in federal practice could advise best, but your question remains open for a week. One option could be to review your papers with an attorney to determine why it was questioned by the court, and if jurisdiction is not possible in federal court based on subject... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law and Native American Law for Washington on
Q: Can I stop an out of state move of MY 2 Children from Washington State to Wyoming?Like an emergency hearing to stop move

MY 2 Children are under ICWA.

MY position is that the dept dcyf/cps failed at doing their part and same w the tribe they have both lost the opportunity 2 do their job. The tribe, well the tribe reps failed at representing their tribe member by not supporting MY Children the entire... View More

James L. Arrasmith
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answered on Jul 28, 2023

If you wish to stop the out-of-state move of your two children from Washington to Wyoming, you should immediately consult with an attorney in Washington who is familiar with child custody and ICWA (Indian Child Welfare Act) matters. An attorney can help you assess the situation, determine if an... View More

Q: Sister has filed ejectment against me I have a court date Friday may 26 is there anybody who could help represent me ?

The estate is still in my late father's name I have lived in my house for 12 years thinking I was going to be able to buy house . my sister is executor and would never sign off on house so I go could buy it . Now she wants me out of there I have court on Friday may 26 th I live in Washington... View More

Peter J. Weinman
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answered on May 23, 2023

Volunteer lawyers at Justia are not permitted to solicit your business. Start your search here: https://www.justia.com/lawyers

1 Answer | Asked in Appeals / Appellate Law for Washington on
Q: is there any probono attorneys near puyallup washington or tacoma washington that can help me please
Tim Akpinar
Tim Akpinar
answered on Nov 30, 2022

A Washington State attorney would know this best, but your question remains open for two weeks. As a starting point, you could look at the resources of the Washington State Pro Bono Council - https://www.probonocouncil.org/

State bar associations also sometimes list pro bono or legal aid...
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2 Answers | Asked in Criminal Law and Appeals / Appellate Law for Washington on
Q: if someone is supposed to go do 60 days can they ask for home monitoring instead and just do more time?

already been sentenced and pleaded guilty

Patrick Owen Earl
Patrick Owen Earl
answered on Aug 17, 2022

You needed to ask for this clarification at the time of sentencing because it sounds like the Judge sentenced this person to 60 days jail and so that is the way it is.

If there are circumstances that have changed that wasn't available to be talked about or discussed when it was done in...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Washington on
Q: Wrongly served parenting plan

I live in Washington state and my daughters dad tried to serve me a parenting plan but he had it served at an address when I was not a resident. He served it to my friends apartment. When she was informed that it was for me she told the server I did not live there and she would not except so the... View More

Zachary C Ashby
Zachary C Ashby
answered on Feb 10, 2022

You are right that person service requires service at your place of residence or to you directly. So if someone attempted to serve you at a place you do not live, service was not proper. This is true even if your friend later delivers the documents to you.

But that doesn't mean you...
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