Case law

State v. Johnson

124 Wash. 2d 57 · Washington Supreme Court · May 26, 1994

We must then have a fair definition of "gang” and must determine that criminal activity by individuals or groups constituting a gang is clearly established by competent evidence upon the record. … Presumably he qualified under ER 702 as “a witness qualified as an expert by knowledge, skill, experience, training, or education” to "testify ... in the form of an opinion or otherwise.”

State v. Olsen

180 Wash. 2d 468 · Washington Supreme Court · May 15, 2014

To determine whether a past conviction qualifies, courts use the “categorical approach.” Id. … Ed. 2d 607 (1990) (establishing the categorical and modified categorical approaches to the ACCA).

In Re Gallinger's Estate

31 Wash. 2d 823 · Washington Supreme Court · Nov 12, 1948

Upon the filing of the petition, an ex parte order was entered granting special letters of administration to Vogleson, who qualified by filing his oath and bond. September 5, 1947, C.B.W. Raymond, attorney for Mr. … Gallinger, I remember very clearly, said `Here is the key —' [Interpolation by counsel and court] Q.

Moore v. Kirkman

19 Wash. 605 · Washington Supreme Court · Jul 12, 1898

The will was presented for probate and duly proved and established in the probate department of the superior court. No order was made by the court providing for notice to creditors. … Smith, 62 Tex. 251 , it was held that, where a will is made under the statute, and the executor has qualified as therein required, the estate is withdrawn from the jurisdiction and control of the county court. ...

City of Spokane v. County of Spokane

146 P.3d 893 · Washington Supreme Court · Nov 16, 2006

Yet "`the presence of a comma before the qualifying phrase is evidence the qualifier is intended to apply to all antecedents instead of only the immediately preceding one.'" … Therefore, it was not necessary for the District Court to be a party to an agreement establishing a new municipal court and establishing that Spokane municipal criminal cases will be filed in that court. ¶ 28 In sum, we reverse

State v. Atsbeha

142 Wash. 2d 904 · Washington Supreme Court · Feb 1, 2001

(dissenting) — The issue is whether evidence of brain damage is relevant to establish diminished capacity to form criminal intent. … The Court of Appeals was clearly correct in its finding that Mr.

State v. Great Northern Railway Co.

98 Wash. 197 · Washington Supreme Court · Aug 29, 1917

Section 24 of initiative measure No. 3 is cited as recognizing the immunity of interstate commerce shipments in providing that the act shall not apply to shipments transported by any common carrier in unbroken packages of … Unless such state of facts were established, the seizure was illegal.

State v. Morales

173 Wash. 2d 560 · Washington Supreme Court · Jan 26, 2012

Such testimony is clearly hearsay because the witness testifies to what the interpreter asserts the other party said.’ ” Huynh, 49 Wn. App. at 203 (quoting State v. Lopez, 29 Wn. … The test will be admissible if the person establishes the general acceptability of the testing technique or method.

City of Spokane v. Spokane County

158 Wash. 2d 661 · Washington Supreme Court · Nov 16, 2006

Yet “ ‘the presence of a comma before the qualifying phrase is evidence the qualifier is intended to apply to all antecedents instead of only the immediately preceding one.’ ” Berrocal, 155 Wn.2d at 593 (quoting Sehome Park … Therefore, it was not necessary for the District Court to be a party to an agreement establishing a new municipal court and establishing that Spokane municipal criminal cases will be filed in that court. ¶29 In sum, we reverse

State v. Cross

156 Wash. 2d 580 · Washington Supreme Court · Mar 30, 2006

However, an Ohio statute immunized witness testimony, meaning self-incrimination was not possible as a matter of law. … Cross has not established that the Washington death penalty is unconstitutional.

State v. Griffith

52 Wash. 2d 721 · Washington Supreme Court · Aug 7, 1958

It was established that this rifle was owned by appellant’s uncle. Mr. Donald F. … There was no proper foundation laid to qualify this witness to express an opinion as to the mental condition of the appellant on the day in question.

Hayes v. Brower

39 Wash. 2d 372 · Washington Supreme Court · Sep 6, 1951

This rule is so well established that it is deemed unnecessary to cite sustaining authority." In the case of Berry v. … As mentioned above, this necessitates extending and qualifying the Upchurch case — extending it to termination cases and qualifying it in such cases by requiring that the unlawful act should involve willful, wanton, and reckless

Scrivener v. Clark College

181 Wash. 2d 439 · Washington Supreme Court · Sep 18, 2014

Our case law clearly establishes that it is the plaintiff’s burden at trial to prove that discrimination was a substantial factor in an adverse employment action, not the only motivating factor. … It argued that the other candidates were clearly qualified and were the “best fit” for the college and department. These are vague descriptions.

Lenci v. City of Seattle

63 Wash. 2d 664 · Washington Supreme Court · Jan 30, 1964

Dwyer, 56 Wn. (2d) 425, 435, 353 P. (2d) 941 : *672 “Article I, § 12 of the state constitution and the fourteenth amendment to the Federal constitution, prohibiting special privileges and immunities and guaranteeing equal … Hurst, supra, a municipal ordinance, to be judicially pronounced void for unreasonableness, must be clearly and plainly unreasonable.

Stevens v. Naches State Bank

136 Wash. 137 · Washington Supreme Court · Sep 11, 1925

Parker, 121 Wash. 24 , 207 Pac. 1062 , we have established the rule that the husband’s disposition must be in the- interest of the- community, and that a gift of community personal property by the husband is void. … Rue, *144 supra, the property in question was given by the husband to his paramour, which clearly was a fraud upon the- wife. And in Parker v.

Norwegian Lutheran Church v. Wooster

176 Wash. 581 · Washington Supreme Court · Mar 9, 1934

, maintain and conduct seminaries, colleges, academies, schools, hospitals and other benevolent institutions; to establish, maintain and conduct home and foreign missions; to establish, maintain and conduct homes for orphans … work carried on *591 in connection therewith, if it can be segregated, is clearly entitled to exemption under the terms of the statute.

Lawyers Title Ins. Corp. v. Baik

55 P.3d 619 · Washington Supreme Court · Oct 17, 2002

By according the decedent resident status, the Estate would qualify for a unified tax credit of approximately $192,000, instead of the credit of $13,000 applicable to nonresidents. … Relying on clearly established Washington precedent, the Court of Appeals properly concluded that Lawyers Title's reliance on Chae's letter as a guaranty of no ultimate tax liability was not justified because it "failed to

E. I. DuPont De Nemours & Co. v. Garrison

13 Wash. 2d 170 · Washington Supreme Court · Apr 6, 1942

But can that fund “be clearly traced and identified” through all its changes and transitions? … In each of the other two cases cited, it was held that corporate stock remained separate property even though it had substantially appreciated after marriage, but it was either conceded or clearly established that the stock

State v. Delgado

148 Wash. 2d 723 · Washington Supreme Court · Feb 20, 2003

If so, then the prior conviction should qualify as a strike even if the caption of the statute under which the perpetrator was convicted is different from an “offense listed.” … that it is to be established without regard to the prior record.

Fleury v. Water District No. 2

53 Wash. 2d 270 · Washington Supreme Court · Dec 18, 1958

hereinafter described as set forth in Resolution No. 2 adopted by the Board of Water Commissioners of the District on the 22nd day of October, 1952, which general comprehensive scheme or plan of water supply was ratified by the qualified … It clearly appears that by stating the nature of the improvement as the word is defined in Webster’s New International Dictionary, supra, it would be difficult for one reading the resolution to misconceive its purpose.