Case law

State v. 119 Vote No! Committee

957 P.2d 691 · Washington Supreme Court · Jun 26, 1998

Yet nowhere does the majority opinion reveal the holding of New York Times , which is "a public official cannot recover for defamation unless he or she establishes the defendant made the defamatory statement with actual malice … The Oregon standard is a very difficult one to establish, but still provides that factually false statements may be actionable.

State v. Sandoval

249 P.3d 1015 · Washington Supreme Court · Mar 17, 2011

To establish the plea was involuntary or unintelligent because of counsel's inadequate advice, the defendant must satisfy the familiar two-part Strickland v. … An offense qualifies as "an aggravated felony if and only if the 'full range of conduct' covered by it falls within the meaning of that term." United States v.

Belas v. Kiga

959 P.2d 1037 · Washington Supreme Court · Jul 30, 1998

Property that does not qualify for a limited valuation would be taxed at full market value on the basis of ratios that compensate for the limited values on other properties. … Qualifying multi-unit housing in urban centers with insufficient housing can obtain a 10-year exemption for the value of construction, conversion or rehabilitation.

Thompson v. Weimer

1 Wash. 2d 145 · Washington Supreme Court · Nov 1, 1939

Weimer was appointed executor, and immediately qualified. On February 1, 1938, Clarence C. … Apparently, the court accepted the will made on May 29, 1936, as evidence establishing, not only that a contract to devise had been made, but also establishing its terms. It is said in Worden v.

In Re Boelter

985 P.2d 328 · Washington Supreme Court · Oct 7, 1999

[t]o establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client." RPC 1.6(b)(2) (emphasis added). … The effect of the sanction on the attorney (sanction must not be clearly excessive); 4.

State v. Pugh

225 P.3d 892 · Washington Supreme Court · Dec 31, 2009

The statements qualify as res gestae under the res gestae doctrine as it applied at the time the state constitution was adopted. Statements of this type do not implicate the state confrontation clause. … Id. at 827 , 126 S.Ct. 2266 . ¶ 76 The standard established in Davis is clearly based on objective criteria. Id. at 822, 827 , 126 S.Ct. 2266 .

State v. Collins

50 Wash. 2d 740 · Washington Supreme Court · Aug 22, 1957

There is no basis for such an assumption; a distinction is clearly recognized. … Stolzheise clearly justified the giving of the instruction. *756 13.

Mud Bay Logging Co. v. Department of Labor & Industries

193 Wash. 275 · Washington Supreme Court · Jan 19, 1938

This idea of conforming rates to accident experience was more clearly expressed in the amendment of § 4, chapter 74, Laws of 1911, p. 349, found in § 1, chapter 188, Laws of 1915, p. 674. … managed plants are in effect required to contribute to make good the losses arising through the negligence of their competitors, it is sufficient to say that the act recognizes that no management, however careful, can afford immunity

White v. State

929 P.2d 396 · Washington Supreme Court · Jan 9, 1997

Today it is clearly established that a State may not discharge or otherwise discipline an employee on a basis that infringes upon that employee's constitutionally protected interest in freedom of speech. Rankin v. … Because we hold that the civil rights claim was properly dismissed, we do not reach the State's issue on qualified immunity.

State v. Mayfield

192 Wash. 2d 871 · Washington Supreme Court · Feb 7, 2019

ANALYSIS ¶ 12 It is well established that article I, section 7 often provides broader protections than the Fourth Amendment. … CP at 20. ¶ 64 Mayfield's consents to the two searches were also not independent acts of free will sufficient to establish a superseding cause.

Allstate Insurance v. Raynor

143 Wash. 2d 469 · Washington Supreme Court · Apr 19, 2001

Allstate brought this separate declaratory judgment action to establish that the wrongful deaths and personal injuries were not covered under the Kings’ Deluxe Homeowners Policy. … suffering diminished mental capacity at the time of the shooting, we conclude that the lay average insurance purchaser would consider a double homicide committed by a sane person under the circumstances of this case to qualify

Belas v. Kiga

135 Wash. 2d 913 · Washington Supreme Court · Jul 30, 1998

Property that does not qualify for a limited valuation would be taxed at full market value on the basis of ratios that compensate for the limited values on other properties. … Qualifying multi-unit housing in urban centers with insufficient housing can obtain a 10-year exemption for the value of construction, conversion or rehabilitation.

State v. Wittenbarger

124 Wash. 2d 467 · Washington Supreme Court · Sep 8, 1994

The defense agrees that certificates of working order under section (c)(1) are clearly discretionary and need only be used when there is no live testimony. … were used in testing they were correct and correctly used, (3) that the operator was qualified and performed the test correctly, and (4) that the results are accurate.

City of Bellevue v. Community Council

983 P.2d 602 · 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 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

Panag v. Farmers Ins. Co. of Washington

166 Wash. 2d 27 · Washington Supreme Court · Apr 2, 2009

is instructive as to practices that, while not specifically prohibited by the CAA, are so much like the proscribed conduct that they fall within the broader scope of the CPA. [12] This is not a case where the legislature clearly … A plaintiff must establish each element to bring a successful CPA claim.

Kiser v. Douglas County

41 L.R.A.N.S. 1066 · Washington Supreme Court · Sep 14, 1912

Archibald, supra, the prescriptive right of the public to patronize public wells is recognized and clearly discussed by Lord Blackburn. … They say: *248 “The title of the former owner is not extinguished; but is so qualified that it can only be enjoyed subject to that easement.

Thiel v. Miller

122 Wash. 52 · Washington Supreme Court · Oct 21, 1922

This definition contains several elements, each of which, as above suggested, must be explained and qualified in its practical application. … However that may be, it is clear that, by appellants’ cross-complaint, they, in any event, clearly made the whole controversy one of equitable cognizance determinable by the court without a jury.

State v. Rodriguez

146 Wash. 2d 260 · Washington Supreme Court · May 2, 2002

The witness in this case, while clad in clothing clearly denoting guilt and his status as a prisoner, testified to a criminal association with the defendant. … The government witness in Brooks had been granted immunity and was serving a sentence for two convictions unrelated to the defendant.

Goodwin v. American Surety Co. of New York

190 Wash. 457 · Washington Supreme Court · May 25, 1937

On November 23, 1921, which was a year after his wife’s death, Goodwin was appointed, and qualified, as guardian of the person and estate of his son, the plaintiff. … What became of the rest of the money so deposited does not clearly appear from the record, but, as we read the evidence, it is fairly inferable that at least a part of it was applied on the unsecured indebtedness owing to

Port of Seattle v. Equitable Capital Group, Inc.

127 Wash. 2d 202 · Washington Supreme Court · Jul 13, 1995

Because of this rationale no inquiry into knowledge is required to qualify the owner, although knowledge will affect the weight to be accorded his opinion. ... … That testimony of value was clearly in violation of the principle enunciated by this court in State v.