Case law

State v. Oyen

78 Wash. 2d 909 · Washington Supreme Court · Feb 11, 1971

We are satisfied that, in the full context of RCW 9.87 .010(13), the kind of loitering condemned as unlawful is fully qualified by ascertainable standards and is amply spelled out in terms readily understandable to the average … The place of the enjoined loitering is clearly confined to premises dedicated and devoted to educational purposes and the public premises immediately 'adjacent thereto. Loitering elsewhere is not barred by the statute.

State v. Morgan

562 P.3d 360 · Washington Supreme Court · Jan 23, 2025

These statutory distinctions clearly indicate that restitution is intended to be treated independently from other LFOs. … Benefits reflect the actual cost of the victim’s qualifying expenses incurred as a result of a crime, subject to statutory caps. See RCW 7.68.070.

City of Bellevue v. East Bellevue Community Council

138 Wash. 2d 937 · Washington Supreme Court · Sep 9, 1999

RCW 35.14 provides that a community council elected by qualified voters residing within the service area governs a *945 community municipal corporation. RCW 35.14.020. … This record plainly establishes that while the Community Council may have misconceived its role under RCW 35.14.040 to some extent, in that it sought to show the City’s actions were improper, its decision clearly was not

Adams v. State

71 Wash. 2d 414 · Washington Supreme Court · Jun 15, 1967

Clearly, it was the failure of the afternoon shift to follow the doctor’s orders in this latter respect, not in the former, that we are concerned with in this case. … It is well established that, on the question of foreseeability, the pertinent inquiry is not whether the actual harm sus *423 tained by Mrs.

State v. Duncalf

177 Wash. 2d 289 · Washington Supreme Court · May 2, 2013

We reasoned, as to the degree of harm element, that in order to convict, the State had to prove the defendant inflicted great bodily harm and the statute did not establish a range of great bodily harm. … As to the harm element, the State advances the argument, similar to that advanced in Stubbs, that for second degree assault a range of potential injury that could qualify as substantial bodily harm exists.

State v. Wineberg

74 Wash. 2d 372 · Washington Supreme Court · Aug 29, 1968

In the light of his training and experience, he was qualified to evaluate these factors and to express an opinion of value based thereon. … In the instant case, the expert’s opinion under consideration clearly comes within the holding of Bremerton School Dist. v.

In Re the Welfare of Sumey

94 Wash. 2d 757 · Washington Supreme Court · Dec 4, 1980

The nature of the constitutionally protected parent-child relationship has been clearly articulated by the United States Supreme Court, this court and other courts. In Stanley v. … The legislature further finds that it is the right and responsibility of adults to establish laws for the benefit and protection of the society; and that, in the same manner, the right and responsibility for establishing

Postema v. Pollution Control Hearings Board

142 Wash. 2d 68 · Washington Supreme Court · Oct 19, 2000

By “measurable,” however, the majority does not mean quantifiable but rather “qualifiable,” i.e., a mere determination that there is some, perhaps to an unknown degree, diminution in surface flow. … The majority clearly errs. For these reasons I dissent. Barron’s Law Dictionary defines “de minimis” as: “insignificant; minute, frivolous.

Shannon v. City of Tacoma

41 Wash. 220 · Washington Supreme Court · Dec 28, 1905

stand for tbe purpose of identifying this piece of board marked ‘Identification B’; now, counsel, of course, will proceed to make bis statement without questions, and we insist if be does tbe first •thing be does is to qualify … It is a self-serving declaration through an attorney, and clearly inadmissible on any theory; if such evidence could be admitted there would be no limit.

State v. Hull

86 Wash. 2d 527 · Washington Supreme Court · Feb 19, 1976

Secondly, appellant contends that he is immune from prosecution for two reasons: (1) that Miller cannot constitutionally be applied retroactively and, (2) that RCW 9.68.010 and the Roth-Memoirs instruction were unconstitutionally … Both appellants’ publications are clearly of the “hard core” variety and are clearly within the two examples cited by Miller . 5 The only task remaining now is to determine whether appellants were denied due process in the

Kershaw Sunnyside Ranches, Inc. v. Yakima Interurban Lines Assoc.

126 P.3d 16 · Washington Supreme Court · Jan 12, 2006

and expressly limits or qualifies the interest conveyed." … Thus, Brown established that, generally, when the granting document uses the term "right of way" as a limitation or to define the purpose of the grant, it operates to "clearly and expressly limit[] or qualif[y] the interest

In re the Disciplinary Proceeding Against Anschell

149 Wash. 2d 484 · Washington Supreme Court · May 29, 2003

Bolusan’s aunt] and him a grant of immunity.” Decision Papers at 11 (Finding of Fact 5). … However, the unchallenged findings establish that he failed to take action in Ms.

State v. Ciskie

110 Wash. 2d 263 · Washington Supreme Court · Mar 17, 1988

Klingbeil's credentials were, as in the Allery case, "well-established at trial." Allery , at 596. … In order to convict, the jury must have found beyond a reasonable doubt C.H. clearly manifested her lack of consent to appellant.

National Bank of Commerce v. King County

153 Wash. 351 · Washington Supreme Court · Aug 9, 1929

No decision of this court appears to have so qualified § 5219 as to permit discrimination in taxation in favor of moneyed capital such as is here contended for. … The investments of the savings and loan associations in collateral loans of more than one and one-half million dollars, on a class of securities accepted by respondents as collateral for loans, clearly establish the fact

Ford v. Trendwest Resorts, Inc.

43 P.3d 1223 · Washington Supreme Court · Apr 11, 2002

After establishing a treatment schedule, Ford called Trendwest to establish a new work schedule. … The customer clearly suffered injury; he had to be taken to the hospital for treatment and Gaglidari was summarily dismissed.

State v. Michielli

132 Wash. 2d 229 · Washington Supreme Court · May 29, 1997

The Supreme Court of Florida determined that the defendant’s forging checks did not qualify as trafficking in stolen property. … In contrast to the facts in Camp, Michielli’s selling three stolen items to a pawnshop qualifies as trafficking.

Griffin v. Eller

922 P.2d 788 · Washington Supreme Court · Sep 5, 1996

Clearly, these amendments were intended to broaden the forms of relief available to victims of discrimination. … of employed persons worked for such establishments.

State v. Ha'mim

132 Wash. 2d 834 · Washington Supreme Court · Jul 24, 1997

As to this, the standard of review is clearly erroneous. 2. Do the reasons justify a departure from the standard range? This question is reviewed de novo as a matter of law. 3. … The problem with this argument is that the Legislature did allow exceptional sentences for some first-time offenders and Defendant Ha’mim did not qualify for such leniency. RCW 9.94A.12Q(5).

Donnelly v. National Bank of Wash.

27 Wash. 2d 622 · Washington Supreme Court · Apr 11, 1947

In accordance with the terms of his will, executed October 23,1939, the National Bank of Washington was the appointed and qualified trustee of the trust set forth in that will. Betty H. Montgomery, Willis C. … Clearly, it was the intention of the settlor that the specified amount be paid to respondent to permit him to finish his law course.

State Bank of Wilbur v. Wilbur Mission Church

44 Wash. 2d 80 · Washington Supreme Court · Jan 14, 1954

They also provide that Kincaid shall serve as president until his successor is elected and qualified. … In our opinion, the evidence does not clearly preponderate against this finding.