Case law

State v. Pugh

167 Wash. 2d 825 · Washington Supreme Court · Dec 31, 2009

The statements qualify as res gestae under the res gestae doctrine as it applied at the time the state constitution was adopted. Statements of this type do not implicate the state confrontation clause. … Although the court in Ortego cited a United States Supreme Court opinion for this proposition, it clearly meant that it applies under the state constitution because the court had already recognized in its opinion that the

In RE MEMPA v. Rhay

68 Wash. 2d 882 · Washington Supreme Court · Jun 23, 1966

Perhaps in one sense the significant characteristic of the probation device is that the person who is fortunate enough to qualify and to have been granted probation status is allowed to be at liberty in the community. … In the state of Washington the legislature has established a state probation system and has provided for its functions, operations, and administration.

Gorman v. Garlock, Inc.

118 P.3d 311 · Washington Supreme Court · Aug 18, 2005

. ¶ 9 To qualify for coverage under the LHWCA, a worker must satisfy a "2-tiered test." Lindquist v. Dep't of Labor & Indus., 36 Wash.App. 646, 652 , 677 P.2d 1134 , review denied, 102 Wash.2d 1001 (1984). … This court has recognized that RCW 51.24.020 was enacted to ensure that "employers who deliberately injure [] their employees [will] not enjoy the immunity from suits," which the WIIA provides. Birklid v.

Larson v. City of Shelton

37 Wash. 2d 481 · Washington Supreme Court · Nov 30, 1950

Rep. 478 , Judge Cooley makes this statement: "That the regulation of hawkers and peddlers is important if not absolutely essential may be taken as established by the concurring practice of civilized states. … The purpose of enacting chapter 144, Laws of 1945, is clearly set out in the title thereto: "An Act relating to certain veterans; providing for the relief of the same; prescribing the duties of certain officers; providing

Stalter v. State

151 Wash. 2d 148 · Washington Supreme Court · Mar 18, 2004

In our view, the jail’s policies are ambiguous in that they do not clearly require booking officers to make a determination of every detainee’s actual identity. … The Court of Appeals agreed with the county, holding that Brooks failed to establish a constitutional violation.

State v. Bauer

92 Wash. 2d 162 · Washington Supreme Court · May 24, 1979

In addition to experience as a bartender, cook, carpenter's helper and ski instructor, he had a Coast Guard license, was qualified as a marine technician, and had over 2 years' experience working on marine research vessels … The jury clearly did not believe appellant's evidence created a reasonable doubt on either point, since it was clearly instructed that the State must prove both wilfulness and lack of lawful excuse by proof beyond a reasonable

State Ex Rel. Washington Toll Bridge Authority v. Yelle

5 Wash. 2d 539 · Washington Supreme Court · Oct 1, 1940

. § 2697-503], supra, the authority is empowered to provide for the establishing and constructing of toll bridges upon any public highway of this state, whenever the same is considered necessary or advantageous and practicable … difference between the power to give a note to a lender for the amount of money borrowed, or to a creditor for the amount due, and the power to *550 issue for sale, in open market, a bond, as a commercial security, with immunity

Lyle v. Ginnold

174 Wash. 104 · Washington Supreme Court · Aug 14, 1933

Appellant objected to this testimony on the ground that it did not appear that respondent was qualified to testify concerning such value. … The issues were clearly stated, and appellant’s contention that the portion of instruction two above quoted constitutes reversible error is not well taken.

State v. Gonzales-Morales

138 Wash. 2d 374 · Washington Supreme Court · Jul 1, 1999

Under RCW 2.43.080, “[a]ll language interpreters serving in a legal proceeding, whether or not certified or qualified, shall abide by a code of ethics established by supreme court rule.” *380 General Rule (GR) 11.1 recites … The purpose of this Code of Conduct is to establish and maintain high standards of conduct to preserve the integrity and independence of the adjudicative system.

Johnson v. Ohman

10 Wash. 2d 466 · Washington Supreme Court · Sep 25, 1941

C. § 2696-891]) qualifies it by providing that a vehicle must be operated “in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under ■ the conditions existing at the point of operation … Clearly, a speed of fifty miles an hour would not be *470 reasonable or proper under such conditions. As to the testimony of Mr.

Gorman v. Garlock, Inc.

155 Wash. 2d 198 · Washington Supreme Court · Aug 18, 2005

. ¶9 To qualify for coverage under the LHWCA, a worker must satisfy a “2-tiered test.” Lindquist v. Dep’t of Labor & Indus., 36 Wn. App. 646, 652 , 677 P.2d 1134 , review denied, 102 Wn.2d 1001 (1984). … This court has recognized that RCW 51.24.020 was enacted to ensure that “employers who deliberately injure[] their employees [will] not enjoy the immunity from suits,” which the WIIA provides. Birklid v.

Gerrick & Gerrick Co. v. Llewellyn Iron Works

105 Wash. 98 · Washington Supreme Court · Jan 9, 1919

In the year 1908, it qualified itself to do business in the state of "Washington by filing its articles of incorporation, paying the annual corporation license fees, fixing its principal place of business in the state at … Clearly, we think the service was insufficient under the general statute relating to service upon foreign corporations, found in Bern. Code, § 226. .

Carson v. Fine

123 Wash. 2d 206 · Washington Supreme Court · Feb 10, 1994

The court reasoned that once a patient files a complaint placing in issue the nature and quality of medical treatment, however, he or she waives the qualified right to privacy implicit in the Hippocratic Oath. … As can be seen from this excerpt from Jackson , the focus of these rules clearly is upon the evidence, not upon the witness seeking to offer it.

State v. Mitchell

117 Wash. 2d 521 · Washington Supreme Court · Oct 3, 1991

They qualified as statements against interest under ER 804(b)(3). … Therefore, he has not established error by the trial court in refusing to allow impeachment of the witnesses by their "juvenile records".

State v. Ollivier

178 Wash. 2d 813 · Washington Supreme Court · Oct 31, 2013

Balancing the Factors ¶66 Balancing the Barker factors clearly weighs against the defendant. … Qualifying Information Sufficient To Establish Probable Cause ¶72 The trial court determined that when the false information was omitted, there was sufficient qualifying information in the affidavit to establish probable

State v. Zuanich

92 Wash. 2d 61 · Washington Supreme Court · Apr 26, 1979

We believe the statute establishes standards of guilt, at least as definite as those which withstood the same constitutional challenge in People v. … There may well be other activities which could qualify as "hard core" a it pertains to sexual conduct.

Cook v. Clallam County

27 Wash. 2d 793 · Washington Supreme Court · May 8, 1947

Cook qualified as administrator of the estate of Mrs. Cook, and Edmund J. Theiler qualified as executor of the estate of Mrs. Theiler. … That § 159 applies to wrongful death actions-against private persons or corporations is conclusively established. Dodson v. Continental Can Co., 159 Wash. 589, 592 , 294 Pac. 265 .

In re the Personal Restraint of Morris

176 Wash. 2d 157 · Washington Supreme Court · Nov 21, 2012

In Wise and Paumier , we clearly state that a trial court’s in-chambers questioning of potential jurors is structural error. … The defense was able to clearly establish that little police investigation occurred without the admission of expert testimony highlighting what should have been done.

State v. Law

110 P.3d 717 · Washington Supreme Court · Apr 21, 2005

II Analysis ¶ 9 For the purposes of our review we first recognize that "[o]ur precedent ... clearly establishes that statutes defining punishment fall within the province of the legislature." State v. … excessive or clearly too lenient.

Northwest Greyhound Lines, Inc. v. McCornack

41 Wash. 2d 672 · Washington Supreme Court · Dec 18, 1952

qualified than most lawyers or most judges would be. … The formula is not an automatic, self-executing one, free from the touch of human hands, and immune from the fallibility of human judgment.