Case law

In re Keenan

Washington Supreme Court · Feb 10, 2022

It then defines “independence” as “a judge’s freedom from influence or controls other than those established by law.” Id. … In contrast, a judge can now clearly use judicial letterhead to provide a recommendation letter. Rule 1.3 cmt. 2; EAO 86-12, 87-10, 88-05.

State v. Thomas

166 Wash. 2d 380 · Washington Supreme Court · Jun 11, 2009

The prosecution characterized this exchange as being “clearly hostile toward the State.” 7RP at 120. The trial court denied Thomas’ challenge to the removal of the juror under Batson v. … that “ ‘a consistent pattern of official racial discrimination’ is not ‘a necessary predicate to a violation of the Equal Protection Clause,’ ” and that “ ‘[a] single invidiously discriminatory governmental act’ is not ‘immunized

State v. Miller

164 Wash. 441 · Washington Supreme Court · Sep 11, 1931

We are satisfied that the-state did establish premeditation. … The real charge against the appellant was the killing; the rape was an incident qualifying the homicide as murder in the first degree.” State v. Whitfield, 129 Wash. 134 , 224 Pac. 559 . See, also, State v.

Bertsch v. Brewer

97 Wash. 2d 83 · Washington Supreme Court · Feb 11, 1982

We, therefore, conclude that ER 801(d)(2) did not qualify the admittance of such test at trial. … The instruction and special verdict form used clearly informed the jury that the issue of contributory negligence was not to be considered until an initial conclusion as to Brewer's negligence had been made.

State v. Davis

73 Wash. 2d 271 · Washington Supreme Court · Mar 6, 1968

Wigmore qualifies this limitation by saying that it depends on the facts of each case for its application and that it “should not be enforced with any strictness; otherwise it would become practically objectionable . . . … This question is clearly within the scope of the constitutional requirements as defined in Miranda .

White v. Department of Labor & Industries

48 Wash. 2d 470 · Washington Supreme Court · Mar 8, 1956

This is clearly the type of contract which the legislature had in mind as representing a situation where the personal labor of the independent contractor is the essence of the contract. In Haller v. … RCW 51.08.180, part]), does not prevent him from having the protection of the act if he desires to qualify as a working employer under the Laws of 1939, chapter 41, § 2, p. 123 (Rem. Rev. Stat. (Sup.), § 7675, part [cf.

Keough v. Kittleman

74 Wash. 2d 814 · Washington Supreme Court · Nov 7, 1968

The Highline Savings and Loan Association was founded in 1949, pursuant to the savings and loan statutes of the state of Washington, as a membership organization, and in 1959 its Articles of Incorporation were amended to qualify … Shaw and Keough brought this action to establish their right to serve as directors, contending that none of the depositors’ proxies held by the board could be voted, the board not being unanimous in exercising the proxies

City of Seattle v. Clark

28 Wash. 717 · Washington Supreme Court · Jun 27, 1902

with the general laws of the state in force at the time the same is granted, nor shall any license he granted authorizing the selling or giving away of any such liquors within one mile of any military post or reservation established … Such proposed charter shall be submitted to the qualified electors of said city, and if a majority of such qualified electors voting thereon ratify the same, it shall become the charter of said city, and shall become the

Dotson v. Haddock

46 Wash. 2d 52 · Washington Supreme Court · Jan 6, 1955

Dotson testified that it was sufficiently dark so that the steps were not clearly discernible as she went into respondents’ home. There were four or five .other people with her when she arrived. … It speaks of failure to warn —but omits the qualifying phrase “without exercising reasonable care” to so warn. We, therefore, conclude that the proposed instruction finds no support in the Restatement of Torts.

Preston v. SB&C, Ltd.

Washington Supreme Court · Apr 30, 2026

At the time Preston received care, her alleged income fell within the limit that would allow her to qualify for charity 1 Three amicus briefs were filed in this case. … But this is not the exclusive way the first two elements can be established. In Klem v.

State Ex Rel. McFerran v. Justice Court of Evangeline Starr

32 Wash. 2d 544 · Washington Supreme Court · Feb 11, 1949

This is an appeal from an order made and entered by the superior court for King county, prohibiting Evangeline Starr, a duly elected, qualified, and acting justice of the peace for Seattle precinct, King county, Washington … “The legislature shall prescribe by law the jurisdiction and powers of any of the inferior courts which may be established in pursuance of this constitution.” Washington constitution, Art. IV, § 12.

Brazier Forest Products, Inc. v. Northern Transport, Inc.

106 Wash. 2d 588 · Washington Supreme Court · Sep 4, 1986

A lien statute will not be extended for the benefit of those who do not clearly come within its terms. Dean v. McFarland, supra; De Gooyer v. Northwest Trust & State Bank, supra; deMers v. Oxford, supra. … Thus, the logger's lien statute must be construed strictly in deciding who may enjoy the status of a lienor, but once the right to claim a lien has been established, it must be liberally construed.

State v. Manderville

37 Wash. 365 · Washington Supreme Court · Mar 8, 1905

It was an established, conceded fact in the case that there were facts testified to, tending to eliminate appellant. … Because a certain instruction taken by itself is insufficient, defective, or not properly qualified, it does not necessarily follow that a case should be reversed. .

Potts v. Fortune

80 Wash. 302 · Washington Supreme Court · Jun 30, 1914

After pointing out that a master would not ordinarily be justified in assuming that a person who seeks a position is qualified to fill it, he says: “It is therefore well established that, where the service in which the servant … On cross-examination, it clearly developed that, if the respondent spoke of this matter more than once to the appellant, all save the first instance were after the respondent’s injury.

In Re the Proceeding for the Disbarment of Boland

140 Wash. 148 · Washington Supreme Court · Aug 12, 1926

The Receiver qualified but left the personal property in the garage building of the corporation, but placed the same under his own lock and key. … He clearly and emphatically denies any intent to so profit, and, in the absence of any direct evidence to the contrary, the suspicion will not be permitted to prevail.

Soter v. Cowles Publishing Co.

162 Wash. 2d 716 · Washington Supreme Court · Dec 27, 2007

Requested Records ¶23 Agencies bear the burden of establishing that a particular public disclosure exemption applies. RCW 42.56.550(1). … phrases refer to the last antecedent, absent a comma before the qualifying phrase.

Bradshaw v. City of Seattle

43 Wash. 2d 766 · Washington Supreme Court · Nov 30, 1953

It tended to establish these additional facts: Mr. Bradshaw was driving just within the twenty-five mile per hour speed limit. … It is claimed that, as a matter of law, the evidence established the fact that the crossing was not extrahazardous, that the negligence of Mr.

Utter v. Bldg. Indus. Ass'n of Wash.

Washington Supreme Court · Jan 22, 2015

BIA W established BIAW-MSC largely to administer a "retro program" under rules established by the Department of Labor and Industries (L&I). Clerk's Papers (CP) at 175. … Ass 'n of Wash., No. 89462-1 analysis of whether a particular investigation was thorough enough to qualify as an "action," especially without established standards to help the courts make such a determination.

Allis-Chalmers Corp. v. City of North Bonneville

113 Wash. 2d 108 · Washington Supreme Court · Jul 13, 1989

Ordinance 542 was passed when this controversy was brewing, years after North Bonneville's B&O tax structure was established. … whose resolution was not clearly foreshadowed?

Beal v. City of Seattle

134 Wash. 2d 769 · Washington Supreme Court · Apr 2, 1998

We should not establish grounds for ancillary litigation to circumvent statutes of limitation. Courts may, and often do, overlook violations of the Rules of Civil Procedure when no prejudice results from the violation. … Rev. 505 , 529 (1987) (“[T]he drastic social and economic changes that have taken place since the public duty doctrine’s birth in the nineteenth century warrant that it *794 follow the doctrine of sovereign immunity into