Case law

In re the Personal Restraint of Ecklund

139 Wash. 2d 166 · Washington Supreme Court · Oct 7, 1999

While a record demonstrating two instances when parole, was revoked clearly provides some basis for a finding of lack of rehabilitation, Ecklund’s case is clearly distinguishable, for there is no such clear indication in … However in Cashaw we specifically stated, The Board’s administrative regulations qualify as “laws of the State of Washington” as that term is used in RAP 16.4(c)(2), (6).

Brower v. Johnson

56 Wash. 2d 321 · Washington Supreme Court · Jun 9, 1960

Concededly, we have announced a rule somewhat qualifying the view expressed by the Montana court, holding that an independent agreement for the distribution of the profits of an illegal business, made after the basic agreement … We have no hesitancy in holding that, if the appellant’s testimony respecting the pinball machine operation engaged in by the Grays Harbor Amusement Company is true, then the business of that partnership is clearly illegal

State v. Miller

80 Wash. 75 · Washington Supreme Court · Jun 10, 1914

This was established by the testimony of the presiding judge who recalled it. … by independent evidence of such a character as clearly to turn the scale and overcome the oath of the defendant and the legal presumption of his innocence.

Obde v. Schlemeyer

56 Wash. 2d 449 · Washington Supreme Court · Jun 30, 1960

Further, at the time of the sale of the premises, the condition was clearly latent — not readily observable upon reasonable inspection. … Wieber — was incompetent; Wieber qualified as an expert witness on the basis of substantial experience as a realtor and appraiser.

State Ex Rel. Crabb v. Olinger

196 Wash. 308 · Washington Supreme Court · Sep 22, 1938

The idea of conforming rates to accident experience was more clearly expressed in the amendment of § 4, chapter 74, Laws of 1911, p. 349, in § 1, chapter 188, Laws of 1915, pp. 674, 677. … The relator does not seek in this proceeding to establish his right to compensation — that has been determined, and is conceded by respondent.

In Re the Adoption of Reinius

55 Wash. 2d 117 · Washington Supreme Court · Nov 19, 1959

That it was the intent of the legislature that the society not act as guardian of the person of such minors could not be more clearly expressed. Does the act give the appellant a status of in loco parentis? … It was afforded every opportunity to establish *145 affirmatively why it believed the “M” family to be fully qualified, and the respondents to be “unfit.”

Anderson v. AKZO NOBEL COATINGS, INC.

172 Wash. 2d 593 · Washington Supreme Court · Sep 8, 2011

For example, persons performing experiments and interpreting results must be qualified. … It is unclear *613 because we were not provided with the complaint nor are either party’s contentions surrounding this issue clearly articulated.

Richardson v. Danson

42 Wash. 2d 149 · Washington Supreme Court · Feb 27, 1953

In the Bottger case (p. 687), it was pointed out that a testator “does not have to be a literarian, a financial genius, an athlete, or an expert cook in order to qualify as possessing capacity to make a will.” … The principle that the findings of the trial court will not be disturbed unless the evidence preponderates against them, is too well established to require citation of authorities.

Tanner Electric Cooperative v. Puget Sound Power & Light

128 Wash. 2d 656 · Washington Supreme Court · Jul 23, 1996

state and federal cases, the majority observes WUTC theoretically could regulate some aspects of Puget’s conduct and years ago did approve the 1966 service area agreement (under RCW 54.48), and concludes that is enough to establish … Clearly, the WUTC’s approval in 1974 of the 1966 agreement did not constitute approval of these actions and is far from sufficient to shelter Puget from the obligations and liability imposed under the Act.

State v. Straka

116 Wash. 2d 859 · Washington Supreme Court · May 16, 1991

Clearly (a), (b), and (d) are not implicated. … Sergeant Gullberg is the best qualified person in the state to testify about the technical aspects of the machines.

Paul v. City of Seattle

40 Wash. 294 · Washington Supreme Court · Sep 28, 1905

bonds at par bearing a less rate of interest than four per cent. “(12) That by reason of the services rendered by plaintiff as aforementioned, the defendant was extricated from its then financial straits, its credit was re-established … These two sections clearly show, (1) that a contract, of the kind claimed by the appellant to have have been implied and afterwards ratified, could not be entered into or executed by the city comptroller or finance committee

State v. Long

104 Wash. 2d 285 · Washington Supreme Court · Aug 22, 1985

However, the right to access to counsel established in Heater is of a constitutional proportion and cannot be affected by the exigencies of such law office hours. … Ct. 792 , 93 A.L.R.2d 733 (1963), which established the indigent's Sixth Amendment right to counsel at the expense of the state.

State v. Delgado

63 P.3d 792 · Washington Supreme Court · Feb 20, 2003

it is to be established without regard to the prior record. … The State may also introduce other comparable documents of record or transcripts of prior proceedings to establish criminal history. Id.

Luther v. National Bank of Commerce

2 Wash. 2d 470 · Washington Supreme Court · Jan 30, 1940

That the defendant duly qualified, and has at all times since May 18, 1938, been and still is the duly appointed, qualified and acting executor of the last will and testament of the said H. P. M. Luther, deceased. … Respondent’s acts come clearly within these rules and definitions.

State v. Riker

123 Wash. 2d 351 · Washington Supreme Court · Mar 3, 1994

Our case law clearly establishes that the chief function of battering testimony is to inform the jury about how severe abuse operates to alter the victim’s state of mind in general, and the perception of danger in particular … A: Well, I believe that she is not able to clearly assess her own danger and protect herself and her children to the extent that I think would be reasonable and normal.

Graham v. Allen & Nelson Mill Co.

78 Wash. 589 · Washington Supreme Court · Mar 25, 1914

The evidence indicates quite clearly that this was the maximum of his earning power. … Some other errors are noticed in the brief of counsel for appellant, but we think they are clearly without prejudice and do not call for discussion.

Gaskill v. Northern Assurance Co.

73 Wash. 668 · Washington Supreme Court · Jun 2, 1913

The evidence establishes not a mere probability but a certainty of innocent error. … That in such a case reformation will be decreed, is clearly established.

Lindblom v. Johnston

92 Wash. 171 · Washington Supreme Court · Jul 11, 1916

On the day named, he qualified as such by giving bond to the United States in the penal sum of $20,000, conditioned for the faithful performance of his duties. His sureties on the bond were Erik O. … Clearly, in equity, he is in no position to complain of their neglect.

Shannon v. Prall

115 Wash. 106 · Washington Supreme Court · Mar 23, 1921

The line which divides the two kinds of writings has not been clearly defined and cases can be found which it is difficult to reconcile. In Jackson v. Ely, 57 Ohio St. 450 , 49 N. … writing be construed as a release in the nature of a contract, the appellant nevertheless invokes the general rule that, where in a release there is a particular recital followed by general words, the general words will be qualified

State v. Evans

Washington Supreme Court · Apr 11, 2013

established by statutory construction; or, if there is no such clearly established interpretation, then whichever reasonable and justifiable interpretation is most favorable to the defendant. … But while businesses may have qualified as perpetrators of identity theft, there is no indication that they qualified as victims.