Case law

Bach v. Sarich

74 Wash. 2d 575 · Washington Supreme Court · Oct 4, 1968

Clearly, defendants show no prejudice which comes within the requirements of this statute. … Nor are riparian owners who derive their title from the United States somehow immune from the changing impact of these general state rules. Joy v. St. Louis, 201 U. S. 332, 342 .

State v. Wallis

50 Wash. 2d 350 · Washington Supreme Court · May 23, 1957

by independent evidence, and of such a character as clearly to *354 turn the scale and overcome the oath of the defendant and the legal presumption of his innocence. … “That he has read the foregoing statements and makes the same freely and voluntarily, without duress, compulsion, offer of reward or immunity and states that the same is true.” 3 Washington State Constitution, Art.

State v. Gefeller

76 Wash. 2d 449 · Washington Supreme Court · Jul 31, 1969

To say that in a great many criminal cases conviction depends on identifying the accused and establishing his presence at the scene of the crime states but a truism. … Rules of evidence are designed to aid in establishing the truth.

State v. Jones

57 Wash. 2d 701 · Washington Supreme Court · Feb 16, 1961

Even where the death penalty has been imposed, if the claimed errors were clearly established, a reversal of the conviction and the removal of the status of convicted felon might conceivably make the prosecution of an appeal … It appearing to this court that the appellant is at this time not competent to proceed with his appeal, all proceed *705 ings herein are stayed until his competency to so proceed is restored, or someone appointed and qualified

In Re the Marriage of Sacco

114 Wash. 2d 1 · Washington Supreme Court · Jan 25, 1990

The Legislature established a commission to develop updated child support guidelines and worksheets, and the Legislature required filing of worksheets which previously were optional. RCW 26.19.020(4). … On remand, the evidence will be considered anew, the statutory procedures followed, and calculations made from these procedures which will enable the issues addressed by the parties to be more clearly resolved in the form

Pierce v. Frace

2 Wash. 81 · Washington Supreme Court · Feb 11, 1891

That a policy that congress had, and since has, taken such pains to establish and carry out, should be left at the mercy of such inferior and remote officers, does not seem reasonable. … State of Arkansas, 9 How. 314 ,. is a still stronger one and, were it not qualified by the statement just made, might well conclude our inquiry; for Justice McLean, in the course of his opinion, says that the findings of

City of Seattle v. State

103 Wash. 2d 663 · Washington Supreme Court · Jan 11, 1985

If the City wishes to annex territory, it is constrained by the procedures established by the State. … Our interpretations of the state privileges and immunities clause have followed the federal interpretation of the equal protection clause.

Olsen v. Hoag

128 Wash. 8 · Washington Supreme Court · Jan 3, 1924

Dickman, 98 Wash. 584 , 168 Pac. 465 , that an oral agreement to devise a ranch in consideration of the care, services and nursing during the life of the decedent, who was ill and required much help, is clearly established … From the facts and the law as established in this state, we are convinced that appellant is entitled to establish the trust set up in her complaint.

Delaney v. BOARD OF SPOKANE COUNTY COM'RS

164 P.3d 1290 · Washington Supreme Court · Aug 16, 2007

"There is a clearly demonstrated need for at least one additional judge in the Spokane County District Court. . . . The county legislative authority wants the new position to be created and has agreed to pay for it. … However, we qualified this holding with the recognition that any judicial positions created after January 1, 1992, would be subject to the requirements of RCW 3.34.020 and .025. Id.

Woods v. Kittitas County

162 Wash. 2d 597 · Washington Supreme Court · Dec 20, 2007

RCW 36.70A.290(2) (emphasis added). *610 ¶20 GMHBs do not have jurisdiction to decide challenges to site-specific land use decisions because site-specific land use decisions do not qualify as comprehensive plans or development … Second, she argued the comprehensive plan does not provide for the R-3 zone classification in rural areas and the R-3 zone cannot qualify as rural based on rulings of the three GMHBs, which require five acre densities in

Broad v. Mannesmann Anlagenbau, A.G.

141 Wash. 2d 670 · Washington Supreme Court · Sep 21, 2000

The treaty’s terms clearly dictate that the central authority cannot be an agent, contrary to plaintiffs’ argument. … Also, jurisdiction of the defendant must be established independent of the convention. Id.

State v. Verharen

136 Wash. 2d 888 · Washington Supreme Court · Dec 24, 1998

The losing candidate claimed the victor was not a qualified candidate because the victor was allegedly not a county resident. … Fiske, 48 Wn.2d 69, 72 , 290 P.2d 725 (1955) (a residence once established is presumed to continue, and the burden is upon him who asserts a change from a residence once it is established); Polk v.

State Ex Rel. Sternoff v. SUP'R CT. FOR KING CTY.

52 Wash. 2d 282 · Washington Supreme Court · May 1, 1958

This would be true, even though the law is clearly established that condemnation for use as a public highway is a public use within the requirements of RCW Chapter 47.52. … The state’s evidence revealed, and the diagram clearly shows, that these tracts are not necessary for actual highway construction or maintenance.

State v. Arndt

194 Wash. 2d 784 · Washington Supreme Court · Dec 5, 2019

In placing these limitations on Mann's testimony,thejudge clearly stated that her rationale was based on Mann's failure to follow well established scientific methodology: THE COURT: It is not a problem that … Does that qualify as an expert opinion? MR.

Macdonald v. Frater

29 Wash. 422 · Washington Supreme Court · Aug 26, 1902

There was no evidence adduced showing that any portion of the estate; had been lost c¡r disposed of in any way, and upon this state of facts it would seem clearly to appeal" that the finding in question was fairly warranted … Macdonald accepted the trust, qualified as executrix, took possession cf the estate of the deceased, and managed it in accordance with the provisions of the will.

Wolf v. Scott Wetzel Services, Inc.

113 Wash. 2d 665 · Washington Supreme Court · Oct 31, 1989

action because the injury arising from employment discrimination was separate and distinct from the physical injury suffered by the employee in the workplace. 19 Despite some facial similarity to the present case, Reese is clearly … We further observe that legislation was recently unsuccessfully introduced in both houses of the Legislature that would have added a new section to the IIA establishing bad faith administration of a workers' compensation

State v. Yates

161 Wash. 2d 714 · Washington Supreme Court · Sep 27, 2007

Yates argues, first, that Everson’s practical experience was insufficient to qualify her as an expert. … Ortiz, 119 Wn.2d 294, 310 , 831 P.2d 1060 (1992), “[p]rac-tical experience is sufficient to qualify a witness as an expert.”

Public Utility District No. 1 v. Taxpayers

78 Wash. 2d 724 · Washington Supreme Court · Jan 7, 1971

It is, therefore, an arrangement clearly within the contemplation of the enabling legislation ..." Roehl v. Public Util. … Article 1, section 8, captioned "Irrevocable Privilege, Franchise or Immunity Prohibited," declares: "No law granting irrevocably any privilege, franchise or immunity, shall be passed by the legislature."

Pope Res., LP v. Wash. State Dep't of Natural Res.

190 Wash. 2d 744 · Washington Supreme Court · May 24, 2018

The question of who may qualify as an 'operator' under CERCLA is somewhat trickier."). … Hametiaux, The Value of Government Tort Liability: Washington State's Journeyfrom Immunity to Accountability, 30 SEATTLE U.L.

Jewels Helping Hands v. Hansen

567 P.3d 19 · Washington Supreme Court · Apr 17, 2025

(holding a city ordinance changing the name of a street was immune from referendum because it was an administrative action). … The Martin Ordinance added several provisions that clearly targeted camping by homeless individuals.