Case law

City of Spokane v. State

198 Wash. 682 · Washington Supreme Court · Apr 28, 1939

while exempting non-competitive articles, constituted an arbitrary and capricious classification, violative of the equal protection clause of the 14th amendment to the Federal constitution and of the special privilege and immunity … We set out the form sent to the members of the 1935 legislature, quoting it from the appendix to the state’s brief: “That affiant was one of the duly elected, qualified and acting members of the legislature of the State of

State v. Hicks

181 P.3d 831 · Washington Supreme Court · Apr 24, 2008

The Trial Court's Denial of the Batson Challenge Was Not Clearly Erroneous 1. Federal law governing Batson ¶ 28 In Batson v. … And third, "[t]he trial court then [has] the duty to determine if the defendant has established purposeful discrimination."

State v. Audett

158 Wash. 2d 712 · Washington Supreme Court · Nov 30, 2006

Additionally, the committed person may retain or, if he or she is indigent and so requests, the court may appoint a qualified expert or professional person to examine him or her. … Thus, while the first factor in Chevron Oil provides some support for limiting the application of Williams, the last two do not clearly support nonretroactivity. See Beavers v.

Nelson v. McClatchy Newpapers, Inc.

131 Wash. 2d 523 · Washington Supreme Court · Feb 20, 1997

The court concluded because the state law deprived the paper of its editorial discretion, it was necessarily unconstitutional as applied to the newspaper. 14 Thus, Miami Herald clearly establishes that editorial control is … Since this right is established by the statute we need not consider whether it is also established by the state constitution.

Tilton v. Cowles Publishing Co.

76 Wash. 2d 707 · Washington Supreme Court · Sep 18, 1969

This is clearly not an accurate representation of the New York Times standard. … The mere presence of the stories in the files does not, of course, establish that the Times “knew” the advertisement was false, since the state of mind required for actual malice would have to be brought home to the persons

State v. Stapp

65 Wash. 438 · Washington Supreme Court · Oct 28, 1911

Their testimony is direct and certain as to the acts of appellant, and clearly sufficient to warrant the jury in concluding that appellant produced the miscarriage, unless we can say that their testimony showing appellant … This was evidently for the purpose of qualifying himself as an expert witness.

State v. Schelin

55 P.3d 632 · Washington Supreme Court · Oct 17, 2002

The Valdobinos court clearly established that mere constructive possession is insufficient to prove a defendant is "`armed' with a deadly weapon during the commission of a crime" as required by former RCW 9.94A.125. … Meyers, The Privileges and Immunities of Citizens in the Several States, 1 MICH L.REV. 286, 290-94 (1903). Equally clear is that the scope of this individual right is qualified by textual exceptions.

State v. D.L.

197 Wash. 2d 509 · Washington Supreme Court · Apr 15, 2021

By pleading guilty, D.L. agreed that the court could use the probable cause affidavit to establish the facts that constituted D.L’s conviction. … D.L., No. 96143-3 (Stephens, J., concurring) sentence clearly runs afoul of the juvenile’s right to fundamental fairness.” Lead opinion at 10.

In re the Detention of Anderson

166 Wash. 2d 543 · Washington Supreme Court · Jul 9, 2009

Amy Phenix, testified that Anderson’s relationships with four adult male patients at Western State Hospital (WSH) qualified as recent overt acts. … That’s something that we focused on the group, that a person should be functioning on the same level, that they should be competent to make a decision, and that a relationship, an equal relationship should clearly be established

Gregory v. Fidelity & Casualty Co. of New York

7 Wash. 2d 645 · Washington Supreme Court · Mar 1, 1941

Gregory of Seattle, had qualified as executor, the brother, George W. Gregory of Moscow, entered a contest of the will, asserting that the bequest to the “nephew George W. … In each, the cause of action was clearly predicated on the contract.

State v. Jasper

174 Wash. 2d 96 · Washington Supreme Court · Mar 15, 2012

They were created, and in fact used, for the sole purpose of establishing critical facts at trial. … Nor does the document establish Cienfuegos’s license was revoked on April 15, 2005 because he was an “habitual offender,” as required to establish the crime of DWLS in the first degree.

Spivey v. City of Bellevue

187 Wash. 2d 716 · Washington Supreme Court · Feb 9, 2017

the burden of establishing otherwise by a preponderance of the evidence. … Id. ch. 337 (veto message explaining that “the assumptions in section 1 of this bill have not been clearly validated by science and medicine’’).

State v. Ortiz

119 Wash. 2d 294 · Washington Supreme Court · Jun 11, 1992

Hardin's testimony established that there had only been one perpetrator and portrayed what had happened after the murder. It also provided a physical description consistent with that of the defendant. … Hardin was clearly qualified to testify. Practical experience is sufficient to qualify a witness as an expert. State v. Smith, 88 Wn.2d 639, 647 , 564 P.2d 1154 (1977).

Digital Equipment Corp. v. Department of Revenue

129 Wash. 2d 177 · Washington Supreme Court · May 23, 1996

Michigan Dep’t of Treasury that a similar tax imposed by Michigan violated the constitutional doctrine of intergovernmental tax immunity because it treated federal employees differ *186 ently from state employees. 37 After … Because the law clearly applies to the interim period of June 23, 1987 and August 11, 1987, 73 Digital conceivably would have been eligible for credits for taxes paid during that period.

State v. Nelson

65 Wash. 2d 189 · Washington Supreme Court · Nov 5, 1964

This confession was clearly hearsay, insofar as Nelson was concerned; and he was deprived of any opportunity to confront and cross examine the individual who made the confession. … It is not necessary to establish intent by direct and positive evidence but intent may be established by inference and in the same way as any other fact by taking into consideration the acts of the parties and all the facts

Ocoma Foods Co. v. Newman

60 Wash. 2d 127 · Washington Supreme Court · Jun 14, 1962

The will was admitted to probate, the executors were appointed and qualified, and an inventory and appraisal were filed. … The language preceding the phrase clearly states it must appear to the court that the estate is fully solvent. This requires a court determination, which, in a court of record, must be entered in writing.

State Ex Rel. Nelson v. Superior Court

15 Wash. 2d 407 · Washington Supreme Court · Nov 14, 1942

Redfield filed in the proceeding his verified petition, praying for an order permitting *410 three qualified psychiatrists, whom he named, to examine Mrs. … Certainly no such step should be taken unless the judicial authority to make the order clearly appear, and some very real emergency should be shown to exist.

State v. Rice

174 Wash. 2d 884 · Washington Supreme Court · Jun 28, 2012

One such position was that of public prosecuting attorney, now a well-established creation of American law. See id. at xv, 4-6. … The legislature is free to establish statutory duties that do not interfere with core prosecutorial functions, see, e.g., Callahan v.

State Ex Rel. O'Connell v. Meyers

51 Wash. 2d 454 · Washington Supreme Court · Dec 24, 1957

It is clear that the people, by adopting amendment 26, intended to relinquish the two-year immunity from any action by the legislature, which previously existed under the 1912 constitutional amendment. … amend by striking out one section and by inserting another, or by striking out several sections and by inserting one or several; and if it be competent to amend by striking out and inserting one, two, three, four sections, clearly

Travelers Casualty & Surety Co. v. Washington Trust Bank

186 Wash. 2d 921 · Washington Supreme Court · Nov 3, 2016

Instead, the statute essentially provides four alternatives under which a signature may qualify as an indorsement. … Summers, Uniform Commercial Code § 15-5, at 761-62 (3d ed. 1988)). *945 ¶36 The record in this case does not establish the Bank exercised “clearly unreasonable conduct” and therefore failed to exercise reasonable care as