Case law

State v. Gore

143 Wash. 2d 288 · Washington Supreme Court · Mar 22, 2001

A few courts have qualified use of the product rule. Smith v. … Krane, “clearly establishes that there are no real issues as to the acceptance” of polymarker testing. VRP (Oct. 16, 1996) at 15 (Judge’s decision on admissibility); see VRP (Oct. 10, 1996) at 113-14.

State v. Thomas

208 P.3d 1107 · Washington Supreme Court · Jun 11, 2009

Acknowledging errors in the instructions, we applied the test established in Neder v. … noted 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

Allen v. American Land Research

95 Wash. 2d 841 · Washington Supreme Court · Jul 23, 1981

The Brokers Act clearly controls entry into the occupation of selling real estate. … Furthermore, the conclusions of law establish that "defendants" violated the CPA.

State v. Cherry Point Fish Co.

72 Wash. 420 · Washington Supreme Court · Mar 11, 1913

The fact of selling being established, the law supplies the element of intent.” … Clearly this view of the requirements of the statute is as favorable to the appellants as a proper construction of the same warrants.

State Ex Rel. Livingston v. Ayer

23 Wash. 2d 578 · Washington Supreme Court · Aug 24, 1945

Ayer is the duly elected, qualified, and acting auditor of Thurston county. Paragraph 3. … In preparation for post war rehabilitation and reconversion, there is established in each county a County Statistics Commission. “Sec. 3.

Orcutt v. Spokane County

58 Wash. 2d 846 · Washington Supreme Court · Sep 28, 1961

Gleason Co., supra), medical testimony is necessary when the causal relationship is not clearly disclosed by the circumstantial evidence. … Southcombe, who was qualified as an expert witness and who had twice examined the decedent prior to her death, testified as follows: “Q Then, Dr.

Pierce County Office of Involuntary Commitment v. Western State Hospital

97 Wash. 2d 264 · Washington Supreme Court · Apr 29, 1982

RCW 71.05.150 gives the mental health professional discretion in deciding (1) whether to detain a person who qualifies for detention under that section and (2) which evaluation and treatment facility he will petition for … Statutory provisions referred to above clearly reflect a legislative intent that the treatment given pursuant to this act be adequate. There was a comparable legislative intent evidenced in Clark County.

In re Pers. Restraint of Frazier

4 Wash. 3d 1 · Washington Supreme Court · Oct 31, 2024

Thus, Kennedy was clearly correct to conclude that the legislature did rely, at least in part, on RAP 16.4(c) in enacting RCW 10.73.100. … I concur with the majority that sentencing evidence can qualify as newly discovered evidence under RCW 10.73.100(1).

Walters v. Christensen

191 Wash. 602 · Washington Supreme Court · Sep 23, 1937

Gunstone made formal application for letters of administration, and was appointed and qualified as administratrix. … The appellant failed to establish a right to relief in respect of her first cause of action, first, because she did not establish the facts necessary to create a resulting trust; and, secondly, because, having failed to file

State v. Deatherage

35 Wash. 326 · Washington Supreme Court · Jul 8, 1904

But conceding, without deciding, that this *331 proposition is correct, still we find nothing in the record showing that the witness was not qualified to testify that, the appellant was under arrest at the time he saw him … It is true that the testimony in question was not alone sufficient to establish the fact that the appellant was fleeing from justice, but it was nevertheless competent and material evidence upon that question.

Graves v. Jones

170 Wash. 552 · Washington Supreme Court · Dec 20, 1932

Aylmore’s subscription seems to have been only a nominal subscription to qualify him to become one of the trustees of the corporation, the articles of incorporation having provided for thr.ee trustees. … It may be conceded that there are decisions which indicate exceptions to this broadly expressed view; but it seems clear to us that the facts of this case show it to be clearly within this broad view, and not within any of

Bailey v. Carver

47 Wash. 2d 153 · Washington Supreme Court · Aug 11, 1955

Assignment of error No. 3 complains that instruction No. 14, because of its peculiar wording, could be understood by the jury as establishing a duty on the part of appellant alone. … However, it is suggested that upon a second trial this instruction, if given, be more clearly worded to preserve to appellant his right of way under RCW 46.60.170.

Davies v. Ball

64 Wash. 292 · Washington Supreme Court · Jul 24, 1911

This can now be laid down as the established rule. … The evidence before us is clearly sufficient to put these respondents to their defense.

In Re the Personal Restraint of Griffith

102 Wash. 2d 100 · Washington Supreme Court · Jun 28, 1984

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 … This language, the latter version of which was given by the trial court, qualifies to some extent the otherwise flat irrebuttable presumption contained in the prosecutor's proposed instruction.

In Re Detention of Ambers

158 P.3d 1144 · Washington Supreme Court · May 31, 2007

Thus, the State argues, the legislature intended to establish a more stringent standard for detainees to meet. … Ambers' clinical record indicates that, though lapses are clearly indicated, he has benefited from treatment."); CP at 465 ("Mr.

State v. Smith

3 Wash. 2d 543 · Washington Supreme Court · Apr 19, 1940

Clearly, in neither *551 case could the complaint be considered as a part of the res gestae. … Appellant contends that, if the trial court had more carefully examined this witness on voir dire, it would *552 have discovered that the child was not qualified.

Hayes v. Sears, Roebuck & Co.

34 Wash. 2d 666 · Washington Supreme Court · Sep 3, 1949

This order clearly indicates that appellant’s motions were directed only to cross-appellant’s first cause of action. … In the course of the opinion, the court said: “A railroad company employing a servant who happens to be a public officer acquires no immunity from such employment.

Bellevue Plaza, Inc. v. City of Bellevue

121 Wash. 2d 397 · Washington Supreme Court · May 13, 1993

The sole purpose of a presumption is to establish which party has the burden of going forward with evidence on an issue. . . . (Citations omitted.) … The opinions of the City's only expert were clearly grounded on a fundamentally wrong basis and must be disregarded.

Tunstall Ex Rel. Tunstall v. Bergeson

5 P.3d 691 · Washington Supreme Court · Jul 27, 2000

The Basic Education Act, Chapter 28A.150 RCW The inmates first argue that the plain language of the basic education act clearly "establishes an education system available to all students aged 5 through 21, and excluding none … This argument is clearly without merit because, as seen in many instances, the Legislature has found entities other than school districts qualified to educate our youth.

Hacker v. Barnes

166 Wash. 558 · Washington Supreme Court · Feb 9, 1932

It is not, therefore, true that the power of the public to guard itself against imminent danger depends in every case involving the control of one’s body upon his willingness to submit to reasonable regulations established … We are clearly of the opinion that the statute here under attack constitutes a valid exercise by the legislature of the police power of the state, and that the trial court correctly sustained respondents’ demurrer to appellant