Case law

Carlton v. Black

153 Wash. 2d 152 · Washington Supreme Court · Dec 9, 2004

and distinctly proved by at least two witnesses, and when any such will is so established, the provisions thereof shall be distinctly stated in the judgment establishing it, and such judgment shall be recorded as wills are … RCW 11.12.160(2); Estate of Chambers, 187 Wash. at 420 (holding beneficiaries under a will are qualified to testify to execution).

State v. Vernell Teynac Hennings

100 Wash. 2d 379 · Washington Supreme Court · Oct 6, 1983

who heard the case, annexed to the original attestation by the officer in charge, and that the prosecutor's burden is to prove that a defendant was duly convicted in a court of competent jurisdiction, presided over by a qualified … While confronting a defendant with the risk of more severe punishment clearly may have a "discouraging effect on the defendant's assertion of his trial rights, the imposition of these difficult choices [is] an inevitable"

In Re F5 Networks, Inc.

207 P.3d 433 · Washington Supreme Court · May 21, 2009

But we have also long recognized that demand is not required if the plaintiffs can "`clearly show that a demand for corporate action would have been useless.'" … The legislature clearly contemplated that there would be times demand would not be made and did not, as they could, require dismissal.

Callahan v. Jones

200 Wash. 241 · Washington Supreme Court · Aug 18, 1939

Cushing has been the regularly elected, qualified, and acting prosecuting attorney for Clark county, and Mr. Jones has been his regularly appointed deputy. … The legislative intent to entirely separate the official duties of prosecuting attorneys from any private gain clearly appears, and this legislative policy is so clearly in the public interest that the statute should not

In Re Belknap's Estate

12 Wash. 2d 643 · Washington Supreme Court · Mar 13, 1942

It is also established by the undisputed evidence in this case that neither Walter A. McClure nor the Seattle-First National Bank ever qualified or acted as trustees under the will. The acts of Mr. … In other words, section 23 is clearly a residuary bequest and not a specific bequest. . . .

In re the Personal Restraint of Dalluge

152 Wash. 2d 772 · Washington Supreme Court · Nov 4, 2004

Thus, Dalluge has established that his appellate counsel failed to raise a meritorious issue. See Maxfield, 133 Wn.2d at 344. … The dissent seems to ignore this provision, which clearly requires waiver not only by the parties and their counsel but also by the juvenile court.

Skagit Surveyors v. FRIENDS OF SKAGIT

958 P.2d 962 · Washington Supreme Court · Jun 25, 1998

The County also adopted statutorily required ordinances establishing interim urban growth areas. … Each growth management hearings board consists of three members, each of whom must be qualified by experience or training in matters pertaining to land use planning.

Brower v. State

969 P.2d 42 · Washington Supreme Court · Dec 24, 1998

Brower does not argue that a different analysis applies under the state privileges and immunities clause than applies under the Equal Protection Clause. … The election provisions were clearly encompassed within the title.

John Doe G v. Dep't of Corr.

190 Wash. 2d 185 · Washington Supreme Court · Feb 22, 2018

A SSOSA is a special sentencing alternative that suspends the sentences of qualifying sex offenders. RCW 9.94A.670. … That information is directly related to an offender's health care and thus qualifies as health care information.

In re Pers. Restraint of Davis

Washington Supreme Court · May 18, 2017

None of these documents establish pharmacologists or toxicologists as the only qualified professionals to make such assessments. … Third, it's an exceptional case in which we, ourselves, are responsible for petitioner's counsel-we maintain the list of qualified counsel, and we appoint qualified counsel from that list.

State v. Woods

114 P.3d 1174 · Washington Supreme Court · Jul 27, 2005

s competence to testify was not properly established. … And I agree, provided we qualify our answer that the trial court determined, in its discretion, that the children were competent to testify regarding events which took place in March 2001 and thereafter, not before. ¶ 43

Filo Foods, LLC v. City of SeaTac

Washington Supreme Court · Aug 20, 2015

Two provisions in the NLRA establish substantive rights and prohibitions. … But Filo Foods does not argue, much less demonstrate, that the undisputed facts establish as a matter of law that "'the burden imposed on [interstate] commerce is clearly excessive in relation to the

Garbrick v. Franz

13 Wash. 2d 427 · Washington Supreme Court · May 2, 1942

Oliver, supra, was clearly a case of that kind. … We know of no reason, and none has been suggested, why one denying a contract of lease is more immune from the' broad principle of equitable estoppel than one who denies any other contract.

Ameriquest Mortgage Co. v. Office of Attorney General

177 Wash. 2d 467 · Washington Supreme Court · May 9, 2013

Ctr., 94 Wn.2d 559, 567-68 , 618 P.2d 76 (1980) (burden shifts to the party seeking disclosure to establish that the exemption is clearly unnecessary). 3. … Moreover, the AGO’s request did not qualify as a CID under the CPA’s requirements.

PNSPA v. City of Sequim

144 P.3d 276 · Washington Supreme Court · Oct 12, 2006

. ¶ 7 The city moved for summary judgment, arguing that the claim of interference with a contractual relationship or business expectancy failed because the plaintiffs failed to establish the elements of the tort. … PNSPA's complaint clearly states that gun collectors, dealers, and buyers were invited to "sell, trade and buy" the firearms. [5] CP at 80.

State v. Brunn

22 Wash. 2d 120 · Washington Supreme Court · Jan 4, 1945

It was also completely within the power of one man, the trial judge — and will still be if the statute we are discussing is held unconstitutional — to give complete and perpetual immunity to any criminal on trial before him … Clearly the Constitution cannot be said to include the equivalent of a former trial and acquittal, when the means of ascertaining that equivalent are not governed by it.” (Italics ours.)

Sebastian v. Department of Labor & Industries

142 Wash. 2d 280 · Washington Supreme Court · Nov 2, 2000

Calculation of a proportionate share of attorneys’ fees and costs shall be made under the formula established in RCW 51.24.060. … In 1982, Second Substitute House Bill 828 reinstated application of the program to all qualifying victims. Laws of 1982, 1st Ex. Sess., ch. 8, § 2.

State v. Burke

196 Wash. 2d 712 · Washington Supreme Court · Jan 14, 2021

The forensic nurse working in this role is uniquely qualified to provide the comprehensive care necessary to the sexual assault survivor. … The Supreme Court clearly adopted this approach because of the concerns that led to the adoption of the confrontation clause in the first place.

Beltran-Serrano v. City of Tacoma

442 P.3d 608 · Washington Supreme Court · Jun 13, 2019

Under well-established negligence principles, police officers owe a duty of reasonable care in situations such as this. … Law Inst. 1965) explains that “the duty established by law to refrain from the negligent conduct is established in order to protect the other from the risk of having his interest invaded by harm resulting from one or more

Mains Farm Homeowners Ass'n v. Worthington

121 Wash. 2d 810 · Washington Supreme Court · Jul 15, 1993

The court rejected that argument, but in so doing drew an important distinction — a distinction which demonstrates clearly that Hunter does not support the defendant. … We have not been made aware of what coordinated efforts, if any, are being made by state or local agencies to establish adult family homes.