Case law

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.

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.

Backlund v. BOARD OF COMMISSIONERS OF KING CTY. HOSP. DIST. NO. 2

106 Wash. 2d 632 · Washington Supreme Court · Sep 11, 1986

The trial court concluded that the Board's decision was clearly erroneous and Dr. Backlund's privileges at Evergreen should be reinstated. The Board requested direct review by this court. … Backlund's beliefs and conduct are protected by the free exercise of religion clause of the first amendment to the United States Constitution. [3] [3] To qualify for First Amendment protection individuals must prove only

Decker v. Decker

52 Wash. 2d 456 · Washington Supreme Court · Jun 5, 1958

However, in cases wherein such provisions were not clearly spelled but or were not characterized as alimony or support, our decisions are in conflict. … If, on remand, respondent can show that he and appellant have valid defenses to any of the debts, then he will have established pro tanto that the provision relative to the payment of community debts bears no reasonable relation

Preferred Contractors Ins. Co. v. Baker & Son Constr., Inc.

Washington Supreme Court · Aug 11, 2022

The statute insureds rely on for public policy exceptions must also clearly indicate the legislature’s intent for private parties to compensate those they injure. … The insurance policies PCIC issued to Baker fail to provide prospective or retroactive coverage and create limited one-year windows for claims to occur and be reported to qualify for coverage.

In re Det. of M.E.

Washington Supreme Court · Mar 19, 2026

The issues in this case are clearly public in nature. In addition, a shortage of ITA defense counsel is almost certain to recur in the future, either in King County or elsewhere in Washington. … Resolving this argument does not turn on the specific language of the Standards, and it will clearly provide an authoritative determination going forward.

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.

McFadden v. Allen-Nelson Mill Co.

150 Wash. 249 · Washington Supreme Court · Dec 13, 1928

We conclude, therefore, that under the terms of the contract, as a whole, only a qualified or determinable interest was granted (McClary v. … Frazee, 79 Md. 27 , 28 Atl. 1105 , it was held that it was well established that, where a party’s rights in property sufficiently appear of record, mere silence upon his part was no violation of duty and he was not estopped

Downie v. Cooledge

48 Wash. 2d 485 · Washington Supreme Court · Mar 8, 1956

Respondent paid the note upon the extended maturity date, received the note from the payee bank with the bank’s qualified endorsement (without recourse), and thereupon became a holder for value as provided in RCW 62.01.026 … This court has consistently held that failure to comply with these rules will make the findings of fact the established facts of the case. Paulson v.

Morgan v. Department of Social Security

14 Wash. 2d 156 · Washington Supreme Court · Jul 7, 1942

to establish a necessary equality in the fixing of the grants. … In considering the ownership of a home or an existing right to free living quarters, the department is clearly correct in classifying such as a resource.

Mahoney v. Sailors' Union of the Pacific

45 Wash. 2d 453 · Washington Supreme Court · Oct 25, 1954

In order clearly to present this matter, a brief review of the purport of our first opinion is necessary. … No rehearing was granted as to these determinations, and they represent the established law of the case.

Progressive Animal Welfare Society v. University of Washington

125 Wash. 2d 243 · Washington Supreme Court · Nov 22, 1994

Indeed, the Legislature’s response to our decision in In re Rosier, supra, establishes that the Public Records Act contains no general "vital governmental functions” exemption. … Two state statutes qualify as "other statutes” in the present context, although neither justifies withholding the grant proposal in its entirety.

State v. Estes

Washington Supreme Court · Jun 8, 2017

It reminded that "a court should keep in mind that the principles we have stated do not establish mechanical rules .... … What qualifies as a deadly weapon differs under each question. A "deadly weapon" for purposes of second degree assault means "any ...

State v. Music

79 Wash. 2d 699 · Washington Supreme Court · Sep 30, 1971

That norm was clearly met and applied by the trial court in the instant case. Appellant’s objection is without merit. … The test for setting aside the verdict of a criminal jury is clearly established: [T]he verdict of the jury in a criminal case will be set aside and a new trial granted to the defendant, because of an error occurring during

In Re Yim

139 Wash. 2d 581 · Washington Supreme Court · Dec 2, 1999

Pursuant to RCW 70.77.126 and 70.77.236, in order for an explosive device to qualify as a "firework" it must have been classified by the appropriate federal or state government officials. … The affiant's failure to specifically state that Donald Yokley did not possess an explosives license, when one can easily draw this inference from the affidavit, clearly falls within the category of "negligence" or "innocent

In re Pers. Restraint of Yates

Washington Supreme Court · Mar 14, 2013

Yates's petition, however, clearly alleges only a facial challenge to the process of death qualification. … The second and third of these statements clearly do not establish a closure. With respect to the second statement, evidence of absence is not evidence of exclusion.

Foote v. Grant

55 Wash. 2d 797 · Washington Supreme Court · Mar 24, 1960

Goodman, supra , but there are many cases where it is clearly a matter of law for the court. In cases such as Nelson v. … The circumstances before us very clearly demonstrate the necessity of public protection.

Anderson v. Island County

81 Wash. 2d 312 · Washington Supreme Court · Oct 12, 1972

The use of property must actually be established prior to the adoption of the zoning ordinance to qualify as a nonconforming use thereafter. State ex rel. Smilanich v. McCollum, 62 Wn.2d 602 , 384 P.2d 358 (1963). … As operation of the batching plant itself was a violation of the interim zoning ordinance, the board of commissioners clearly abused its discretion in perpetuating the inconsistent use of the tract of land in question.