Case law

State v. Ellis

136 Wash. 2d 498 · Washington Supreme Court · Oct 1, 1998

Two police officers who interviewed the defendant four hours after the assaults testified he did not appear intoxicated and spoke clearly and coherently. … The defense expert witnesses—all qualified to give opinions—will testify that Petitioner Ellis experienced diminished capacity at the time he committed the offenses *523 charged.

Freedom Found. v. Teamsters Local 117 Segregated Fund

197 Wash. 2d 116 · Washington Supreme Court · Feb 18, 2021

The union established a separate segregated fund to make political contributions in 2011. … Our cases clearly distinguish the two.

City of Bellevue v. King County Boundary Review Board

90 Wash. 2d 856 · Washington Supreme Court · Nov 9, 1978

Board members are sufficiently connected to the litigation in which the board is involved in this instance to qualify as parties under CR 33. III. … Finally, they assert that the board's determination that no EIS was required was not arbitrary and capricious or clearly erroneous.

Warren v. Hynes

4 Wash. 2d 128 · Washington Supreme Court · May 11, 1940

The rebuttal testimony, in the respect complained of, was clearly inadmissible and highly prejudicial, necessitating a reversal of the case.” In State v. … The inclusion of the words “and not yet in the intersection” erroneously qualified the statutory rule (Rem. Rev. Stat., Vol. 7A, § 6360-88) respecting right of way at intersections.

State v. Horrace

144 Wash. 2d 386 · Washington Supreme Court · Aug 2, 2001

steadfastly to the constitutional safeguards we have previously identified in the area of passenger privacy and emphasize here that the issue before us requires no more or no less than a thoughtful application of those well-established … We cannot agree with Horrace that his apparent motionlessness in the face of the driver’s movements in his direction immunized him from suspicion.

Olmstead v. McCleary

128 Wash. 406 · Washington Supreme Court · Feb 11, 1924

Olm-stead, Henry McCleary was appointed administrator of the estate, duly qualified, and in August of that year he, jointly with Julia K. … Assuming this to be a correct statement of his duty, the evidence, as clearly as that may be done after such a lapse of time, establishes that he did so.

Navlet v. Port of Seattle

164 Wash. 2d 818 · Washington Supreme Court · Oct 16, 2008

And in Skinner, 188 F.3d at 141 , as noted the court concluded that phrases “ ‘will continue’ ” and “ ‘shall remain’ ” did not clearly and expressly indicate vesting since there was no durational language to qualify the phrases … [The] retirees’ eligibility for benefits was qualified because it was subject to [the employer’s] reserved right to terminate the plan under which the benefits were provided.

In Re Turay

74 P.3d 1194 · Washington Supreme Court · Aug 21, 2003

These charges do not necessarily constitute a recent overt act; however, Albrecht held, "[a]n individual who has recently been free in the community and is subsequently incarcerated for an act that would not in itself qualify … Certainly a fourth degree assault could amount to a recent overt act, but clearly also an act amounting to fourth degree assault need not amount to a recent overt act.

Stertz v. Industrial Insurance Commission

91 Wash. 588 · Washington Supreme Court · Jun 20, 1916

Indeed, our statute is in these features the least qualified that can be found. … Obviously and clearly the qualifying “in the course of em.ployment” does not apply to “on the premises.” Had that been intended, the arrangement was natural and easy.

Bank of California v. Clear Lake Lumber Co.

146 Wash. 543 · Washington Supreme Court · Feb 10, 1928

All franchises, liens, licenses, easements, rights, privileges or immunities appertaining to the property or properties of the company or connected with the business of the company above mentioned and any and all extensions … This mortgage covered generally a vast mechanical establishment.

Miller v. Miller

20 Wash. 2d 76 · Washington Supreme Court · Feb 14, 1944

Anything going to the validity of the will as of that date is clearly a proper subject to be raised by a contest of the probate. … We are clearly of the opinion the trial court was without authority to enter the judgment which it did in this case.

In re Recall of Lauser

Washington Supreme Court · Feb 26, 2026

This is well documented in the police report and Fitzgerald presents no facts to establish otherwise. … The recall petition is legally insufficient because it does not state with specificity facts to allege Lauser’s conduct clearly violates RCW 9A.88.010.

In Re Estate of Gallagher

35 Wash. 2d 512 · Washington Supreme Court · Jan 23, 1950

Superior Court, 23 Wn. (2d) 357, 161 P. (2d) 188 , are clearly distinguishable on their facts. … That was the diagnosis established at that time.’ ” On the other hand, both Robert and his wife testified that he was mentally competent.

In Re Turay

101 P.3d 854 · Washington Supreme Court · Nov 18, 2004

The rule established in Young has remained the same through Albrecht and Henrickson . … The Court also explained in McCleskey that the burden to establish cause and prejudice is on the petitioner and, if that burden is not met, it is also the petitioner's burden to establish actual innocence where this is asserted

Fisher Broadcasting-Seattle TV LLC v. City of Seattle

180 Wash. 2d 515 · Washington Supreme Court · Jun 12, 2014

The record establishes that “log sheets” specifically *523 referred to paper forms that had not been used since 2002 and that these forms had been destroyed in 2004. … KOMO also contends that RCW 9.73.090(1)(e) does not qualify as an “other statute exception” because such other statutes “must exempt or prohibit disclosure of specific public records in their entirety.”

Macias v. Saberhagen Holdings, Inc.

175 Wash. 2d 402 · Washington Supreme Court · Aug 9, 2012

They do not establish any new, absolute rule limiting liability. ¶27 But as the plaintiffs point out, the Court of Appeals treated Simonetta and Braaten as establishing virtually an absolute rule: if the source of the hazardous … As stated, the legislature has authority to immunize manufacturers of safety equipment from liability, but they have not implemented such public policy in the WPLA itself.

Hamlin v. Merlino

44 Wash. 2d 851 · Washington Supreme Court · Jun 17, 1954

It is a well settled principle that separate property continues to be separate through all of its changes and transitions as long as it can be clearly traced and identified; furthermore, that rents, issues, and profits from … Something more is required to establish the separate character of the property concerned. We stated in Berol v.

Campbell v. ITE Imperial Corp.

107 Wash. 2d 807 · Washington Supreme Court · Mar 12, 1987

Even without such evidence, the record establishes that the PUD had full knowledge of the wiring design. … Clearly before one can compare similarity of harms, it must first be established that the harm was in fact attributable to the original, nonintervening actor. This showing has never been made in *828 this case.

McLaughlin v. Travelers Commercial Ins. Co.

196 Wash. 2d 631 · Washington Supreme Court · Dec 10, 2020

III Our case law also establishes that when determining the meaning of undefined terms in an insurance policy, we look to the expectations of the average insurance purchaser. … That definition clearly and unambiguously excludes those travelling by car or cycle. This should resolve the only issue currently before the court.

Ross v. Raymer

32 Wash. 2d 128 · Washington Supreme Court · Dec 17, 1948

Boyce’s estate and had qualified as such, respondent served and filed his claim against the estate for the reasonable value of the services alleged to have been rendered to Mrs. Boyce. … Osborn, 62 Wash. 400 , 114 Pac. 160 : “ ‘The court clearly indicated in the opinion that a contract will not be implied in such a case from the mere fact that services were performed, but that there must be evidence from