Case law

State v. Clausing

147 Wash. 2d 620 · Washington Supreme Court · Oct 24, 2002

The word “physician” is not qualified by “licensed” in the pattern instruction. 11 Washington Pattern Jury Instructions: Criminal 55.03, at 693 (2d ed. 1994) (WPIC). … Clausing’s only defense—the existence of a valid prescription—and relieved the State of the burden of establishing the “no prescription” element beyond a reasonable doubt.

State Ex Rel. Christensen v. Hinkle

169 Wash. 1 · Washington Supreme Court · Jul 19, 1932

They do not hold until their successors are elected and qualify. In the event of a failure to elect, a vacancy results and continues until it is filled either at a special or general election. … The respective endings of the terms of the two classes of senators was forever established by the lot drawn in 1891.

Wilson v. Wright

52 Wash. 2d 805 · Washington Supreme Court · Aug 28, 1958

Appellant failed to present any evidence whatever tending to establish such fact. … This question clearly called for an answer which was beyond the issues framed by the pleadings.

DEVELOPMENT SERV. OF AMERICA v. Seattle

138 Wash. 2d 107 · Washington Supreme Court · Jun 10, 1999

This constitutes an unconstitutional extension of governmental power beyond established police power boundaries. 2. … City of Seattle, 108 Wash.2d 369, 378 , 739 P.2d 668 (1987), we qualified "such preference to property owners is only warranted to the extent ambiguity exists."

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 the Disciplinary Proceeding Against Boelter

139 Wash. 2d 81 · Washington Supreme Court · Oct 7, 1999

The effect of the sanction on the attorney (sanction must not be clearly excessive); 4. … Given Dann and Haskell, Boelter clearly misrepresents the precedent in this area.

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.

Adams v. Ernst

1 Wash. 2d 254 · Washington Supreme Court · Nov 8, 1939

decision confirming a pending recommendation of the Pierce county welfare department that respondent be granted old age assistance in the sum of fourteen dollars per month to *257 meet her needs, according to the department’s established … While the concluding language of that section is somewhat inexact, we think its context clearly indicates that no claim, in any form, for assistance under the act shall be further recognized or payments made thereon, if the

Oregon-Washington Railroad & Navigation Co. v. Thurston County

98 Wash. 218 · Washington Supreme Court · Sep 4, 1917

In this respect the case does not differ from that of a jury or umpire, if we assume that the members of the board were not entitled to the possibly higher immunities of a judge. . . . … And it has been well established that, where the complaint is merely as to overvaluation, unless the excessive valuation is so great as to clearly manifest arbitrary conduct or fraud on the part of the assessing officers,

Gold Bar Citizens for Good Government v. Whalen

99 Wash. 2d 724 · Washington Supreme Court · Jun 9, 1983

These nonresident votes would be immune from citizen challenge under the interpretation of the statutes adopted by the trial judge. We cannot agree with such a result. … It is clearly illegal as well as improper for someone who is a lifelong resident of Seattle to vote in Gold Bar. See RCW 29.85.200.

In re Welfare of M.R.

Washington Supreme Court · Oct 13, 2022

It states clearly that D.R. was seen unable to urinate, 11 the staff member saw him attempting to open a UA device, the staff member asked D.R. … That is conjecture, not objective observation, and it should not qualify as a business record.

State v. Cruz

985 P.2d 384 · Washington Supreme Court · Oct 7, 1999

Qualifying crimes committed before that date could not be counted in sentencing proceedings occurring after that date. … Such forgiving implies that guilt was established. Cullen , [14 Wash.2d] at 109 [ 127 P.2d 257 ].

In Re Davis

101 P.3d 1 · Washington Supreme Court · Nov 4, 2004

Olsen were retained as qualified experts and both testified during the penalty phase of the trial. [235] On May 29, 1997, Dr. … mental health experts, and adequately prepare for the penalty phase by retaining qualified mental health experts. [259] We noted that while failure to perform any one of these actions would not establish ineffective assistance

State v. Seattle Taxicab & Transfer, Co.

90 Wash. 416 · Washington Supreme Court · Mar 29, 1916

The principle of' these cases clearly support the title to the act in question. … Clearly, the city so regarded them and acted upon such distinction. . . .

State Ex Rel. Lemon v. Langlie

45 Wash. 2d 82 · Washington Supreme Court · Aug 3, 1954

In 1855, however, the legislative assembly did locate and establish the seat of government at Olympia. … The first office of the territorial board of health was established in Port Townsend, W. T., in 1887.

State v. Superior Court

28 Wash. 2d 476 · Washington Supreme Court · Jul 24, 1947

The District was established under the provisions of Laws of 1931, chapter 1, p. 3, with boundaries coextensive with the limits of Clark county. … I, § 12, provides: “No law shall be passed granting to any citizen, class of citizens, or corporation, other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or

Seattle Police Officers Guild v. City of Seattle

151 Wash. 2d 823 · Washington Supreme Court · Jun 24, 2004

The City’s system ensures that officers qualify for promotional opportunities based on their performance on the civil service exam. Id. … We concluded that “[t]he civil service system established by the ordinance did not establish a civil service commission to conduct the investigative hearing required by statute, but, rather, established a police commission

Zahn v. Arbelo

72 Wash. 2d 636 · Washington Supreme Court · Nov 30, 1967

The actions of appellant, clearly the disfavored driver, are very much in dispute. … Obviously the purpose of this exception is to withhold protection or immunity from liability even as to favored drivers whose conduct creates an unreasonable risk of harm to themselves or others.

State v. Minor

162 Wash. 2d 796 · Washington Supreme Court · Jan 17, 2008

Former RCW 9.41.040(1)(a) (2003). 4 Residential burglary qualifies as a “[c]rime of violence,” which is included within the definition of a “[s]erious offense” for purposes of first degree unlawful possession of a firearm … In his petition for review, Minor challenged the manifest injustice disposition, arguing it was not supported by the record and that the length of the disposition was clearly excessive.

Nielson v. Spanaway General Medical Clinic, Inc.

135 Wash. 2d 255 · Washington Supreme Court · May 28, 1998

The judiciary exists to insure such rights, and the convenience of the judiciary is clearly subservient to this duty. … However, the Nielsons clearly challenged the constitutionality of the application of collateral estoppel in this case. Majority at 264. See also Pet. for Review at 11.