Case law

State v. McCuistion

169 Wash. 2d 633 · Washington Supreme Court · Sep 2, 2010

Furthermore, adjudication of this issue shall be based on the findings of a "professionally qualified person." *1156 ¶ 32 4. … Coleman, clearly do not believe in the SVP statute, it is the legislature that must write laws that meet strict scrutiny, not Dr. Coleman.

Wash. Local Etc. v. Internat'l Etc.

33 Wash. 2d 1 · Washington Supreme Court · Feb 21, 1949

HUGHES: You had better qualify that `any place'. You mean any reasonable place? THE WITNESS: Yes, any reasonable place. … It is clearly established in the record that there were no trials conducted at the Stratford hotel.

State v. Knighten

109 Wash. 2d 896 · Washington Supreme Court · Jan 28, 1988

The stop was clearly beyond the scope of a Terry stop. Admission of the tainted evidence was not harmless error. … Fehr's vehicle, at some time during that stop probable cause was established.

Satomi Owners Ass'n v. Satomi, LLC

167 Wash. 2d 781 · Washington Supreme Court · Dec 24, 2009

. ¶26 The FAA’s displacement of conflicting state law is “now well-established.” Allied-Bruce, 513 U.S. at 272 ; *801 Adler, 153 Wn.2d at 344 (“[T]he FAA clearly preempts any state law to the contrary.”). … It does not apply to any of these cases, however, because it governs only “qualified warranties” of condominiums.

Batcheller v. Town of Westport

39 Wash. 2d 338 · Washington Supreme Court · Sep 6, 1951

The rule that the findings of fact of the trial court, made upon conflicting evidence in an action at law, will not *352 be disturbed unless the evidence clearly preponderates against them, is so well established as to require … Thus, the ultimate question is whether the evidence clearly preponderates against the trial court’s finding that the system as planned by appellants could not be built within the available funds.

State v. McDonald

981 P.2d 443 · Washington Supreme Court · Aug 5, 1999

In contrast, we have never before held that accomplice liability qualifies as an alternative means of committing a single offense also presented on the basis of principal liability. … Clearly, that standard was met in this case.

State v. Haye

72 Wash. 2d 461 · Washington Supreme Court · Nov 9, 1967

, relative and qualifying words and phrases refer, both grammatically and legally, to the last antecedent. … In many, if not most cases, the evidence of an accomplice, uncorroborated in material matters will not satisfy the honest judgment beyond a reasonable doubt, and it is clearly insufficient to authorize a verdict of guilty

Matter of Dann

960 P.2d 416 · Washington Supreme Court · Aug 13, 1998

This, and the proved instances of initial-switching, establishes the aggravating factors of "a pattern of misconduct" and "multiple offenses." … The effect of the sanction on the attorney (sanction must not be clearly excessive); 4.

Johnson v. Weyerhaeuser Co.

953 P.2d 800 · Washington Supreme Court · Apr 2, 1998

The evidence that Johnson is receiving more in benefits than he was receiving in wages while working is directly relevant to establish a motive not to work. … As the Third Circuit held, "the collateral benefit rule cannot be made a springboard from which a plaintiff may go forward with affirmative evidence ... of financial need and then seek immunity from cross-examination regarding

State v. Johnson

Washington Supreme Court · Jan 9, 2014

Bunker, 169 Wn.2d 571, 578, 238 P.3d 487 (20 10) ("Related to this [last antecedent] rule is the corollary principle that 'the presence of a comma before the qualifying phrase is evidence the qualifier is intended to apply … The notice of infraction to Johnson clearly listed these three options. Ex. 2. Johnson chose the second option and requested a hearing to contest the infraction. He is not guilty under the first prong.

State v. Meyer

96 Wash. 257 · Washington Supreme Court · May 11, 1917

The instruction complained of was abstract and wholly inapplicable to the facts established by the evidence. Obviously, under the testimony, the defendant had no opportunity to retreat. … Phillips, 59 Wash. 252 , 109 Pac. 1047 , Judge Rudkin said: “The party first assaulted, whether the appellant or the deceased, was clearly acting in self-defense.

State v. McDonald

138 Wash. 2d 680 · Washington Supreme Court · Aug 5, 1999

In contrast, we have never before held that accomplice liability qualifies as an alternative means of committing a single offense also presented on the basis of principal liability. … Clearly, that standard was met in this case.

In re the Disciplinary Proceeding against Dann

136 Wash. 2d 67 · Washington Supreme Court · Aug 13, 1998

This, and the proved instances of initial-switching, establishes the aggravating factors of “a pattern of misconduct” and “multiple offenses.” … The effect of the sanction on the attorney (sanction must not be clearly excessive); 4.

International Shoe Co. v. State

22 Wash. 2d 146 · Washington Supreme Court · Jan 4, 1945

The practice of aiding, if riot inducing, others to establish stores and engage in the shoe business in this state also amounted to more than the mere solicitation of orders.” … By careful segregation of the ‘selling’ phase in the place of market, a substantially complete immunity to liability, in the practical sense, could be created.

Bank of Fairfield v. Spokane County

173 Wash. 145 · Washington Supreme Court · May 17, 1933

That proposition is firmly established as a rule of law in this state. Again we refer to the evidence in the cases before us. … It is not for us to qualify that privilege so long as reasonable grounds for its maintenance appear to exist.

Port of Seattle v. Washington Utilities & Transportation Commission

92 Wash. 2d 789 · Washington Supreme Court · Oct 12, 1979

The Port contends that any airporter service *794 which it provides itself would be immune from WUTC regulation. … Such an interpretation is clearly at odds with the Port's definition of facilities as everything necessary or convenient to a transportation system.

Munson v. Haye

29 Wash. 2d 733 · Washington Supreme Court · Jan 30, 1948

Munson was appointed and qualified as executor of his wife’s estate and, as such, demanded possession of the $1,389.19, on the theory that the same had not been divested of its status as community property and was subject … That fact being established, evidence that was clear, certain, and convincing was required to establish that Mr. and Mrs.

State v. Jeffries

105 Wash. 2d 398 · Washington Supreme Court · Mar 27, 1986

where the evidence is clearly insufficient to establish any aggravating factor beyond a reasonable doubt. … Clearly, a nexus, for purposes of showing that a murder was part of a scheme or plan under RCW 10.95.020(8), is not established merely by showing that the bodies of two people who had been murdered were found in the same

Edelman v. State Ex Rel. PDC

99 P.3d 386 · Washington Supreme Court · Oct 21, 2004

The legislation sought to accomplish the initiative's purpose by establishing campaign contribution limits. … The statute does not clearly associate the first entity to which it refers with the corporation, trade association, labor union, or collective bargaining association to which it thereafter refers.

Port of Seattle v. PCHB

90 P.3d 659 · Washington Supreme Court · May 14, 2004

"Metals criteria may be adjusted on a site-specific basis when data are made available to the department clearly demonstrating the effective use of the water effects ratio approach established by the USEPA [United States … ACC and CASE argued that the Vacca Farm site was not sufficiently degraded to qualify for restoration.