Case law

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.

State v. Medina

Washington Supreme Court · Apr 17, 2014

He spent a total of about nine months in CCAP Enhanced and about three years and nine months in CCAP Basic. 4 King County established CCAP under the auspices of former RCW 9.94A.380 (1988)/current RCW 9.94A.680. … Participation in these programs is similar to reporting for work or school-clearly, the CCAP facility is not a residence.

Seattle Times Co. v. Serko

170 Wash. 2d 581 · Washington Supreme Court · Nov 18, 2010

¶18 In order to prevail in a challenge to the production of records under the PRA, a party must establish a specific exemption that bars production of the requested records. … Moreover, a party opposing the production of public records must establish that production would “clearly not be in the public interest and would substantially and irreparably damage any person, or would substantially and

North Western Lumber Co. v. Chehalis County

25 Wash. 95 · Washington Supreme Court · Apr 29, 1901

S., at the port of San Francisco, and was assessed and paid taxes in the state of California; that plaintiff was a corporation organized under the laws of California and qualified to do business in the state of Washington … Ct. 38), a municipal ordinance of the city of Mew Orleans to establish the rate of license for professions, callings, and other business, which assessed and directed to be collected from persons owning and running towboats

In Re the Disciplinary Proceeding Against Hankin

116 Wash. 2d 293 · Washington Supreme Court · Feb 11, 1991

He has not been qualified to practice law for more than 5 years since his initial suspension, October 28, 1985. … is inappropriate.'" 25 In this case, we are not clearly persuaded to vary from the Board's recommendation.

Federal Old Line Life Insurance v. Sullivan

33 Wash. 2d 358 · Washington Supreme Court · May 5, 1949

Tressel was respondents’ chief witness, an undoubtedly well-qualified one; also, a candid witness. … Paragraphs 3, 4, and 7 of the contract, hereinbefore quoted, are clearly steps in that direction.

Waremart, Inc. v. Progressive Campaigns, Inc.

139 Wash. 2d 623 · Washington Supreme Court · Dec 16, 1999

Clearly the legislature was not required to go further, and we think it has not done so.” State ex rel. Case, 81 Wash. at 646-47 (emphasis added). … Qualifying an initiative for the ballot is not constitutionally required to be an effortless process. See, e.g., Const, art.

Terhune v. A. H. Robins Co.

90 Wash. 2d 9 · Washington Supreme Court · Apr 27, 1978

The plaintiffs' doctor could not remember clearly whether he had read the warning about the danger of perforation, but testified that in any event he was fully aware of the danger when he made the insertion. … However, it has become a well-established rule that in such cases, the duty of the manufacturer to warn of dangers involved in use of a product is satisfied if he gives adequate warning to the physician who prescribes it.

Harbour Village Apartments v. City of Mukilteo

139 Wash. 2d 604 · Washington Supreme Court · Dec 16, 1999

Clearly, they are engaged in the business of renting dwelling units. 10 Under the plain language of RCW 35A.82.020, Mukilteo’s authority to “impose excises for regulation or revenue” for “all . . . kinds of business . . . … As the RDU fee meets the legitimate purposes of both .revenue raising and regulation, it cannot be said to be wholly arbitrary, thus it cannot be shown to violate federal equal protection or our State’s privileges and immunities

Kovacs v. Dep't of Labor & Indus.

Washington Supreme Court · Jul 14, 2016

The Department ofLabor and Industries initially found that Kovacs qualified for benefits, which he began to receive. … Read in isolation, it does not clearly establish whether the statute oflimitations begins to run on the day of the injury or the next day.

In re the Personal Restraint of Crabtree

141 Wash. 2d 577 · Washington Supreme Court · Sep 14, 2000

The Aho case is a subsequent change in the law that may qualify as “good cause” for granting the petition. … And that, I remember the night clearly because that wa. . . the kids went to their dad’s for a week, and they came back that day and he had to babysit and the next day I was going out to my mother’s and he was up about, I

State v. Norlin

951 P.2d 1131 · Washington Supreme Court · Mar 5, 1998

If it was established, we may affirm Norlin's conviction. See Sprague v. … established a battered child syndrome."); State v.

Matter of Firestorm 1991

916 P.2d 411 · Washington Supreme Court · May 16, 1996

The Fisons decision clearly sets forth the principles trial courts are to follow in fashioning appropriate sanctions. … This record does not conclusively establish what DNR knew or whether information gathered by Mr. Buske or others was forwarded or not.

Spokane Co. v. State Ex Rel. Co. Comrs.

966 P.2d 305 · Washington Supreme Court · Oct 22, 1998

An error of law is "an `error in applying the law to the facts as pleaded and established.'" … Elected prosecutors, however, are clearly elected for a specified term of office.

Twohy v. Slate Creek Mining Co.

31 Wash. 2d 668 · Washington Supreme Court · Oct 25, 1948

That this issue may be more clearly presented, the pleadings may be amended.” *682 Rem. Rev. … established.

State v. Rice

120 Wash. 2d 549 · Washington Supreme Court · Jan 28, 1993

He had every reason to distort the truth to shift blame onto Rice, and clearly did so at the beginning of the interview. He also had no close relationship to Detective Shaw. … The defendant bears the burden of establishing the impropriety of the argument and its prejudicial effect. Hoffman, 116 Wn.2d at 93 .

State v. Gregory

158 Wash. 2d 759 · Washington Supreme Court · Nov 30, 2006

Yet while the determination of historical facts relevant to the establishment of probable cause is subject to the abuse of discretion standard, the legal determination of whether qualifying information as a whole amounts … While Silva clearly exercised his Fifth Amendment right to remain silent, Gregory does not establish that his refusal to be recorded or make a formal statement implicates the Fifth Amendment right where there was no testimony

In Re Hart's Estate

149 Wash. 600 · Washington Supreme Court · Nov 15, 1928

That the testimony was entirely sufficient to establish that purpose, we are satisfied. In Donovan v. … Clearly that was an investment or business venture and they so intended it. In the present case there was no business venture or investment. They simply improved the home Mrs.

Weyerhaeuser Co. v. Commercial Union Insurance

142 Wash. 2d 654 · Washington Supreme Court · Dec 21, 2000

Although the parties do not dispute this clause clearly establishes a property damage aggregate limit, this clause appears in the underlying policy, not CU’s supplemental policy. … Our rule in Prier is clearly applicable where, as here, the damage amount was established or could be ascertained with certainty based upon the facts before the court.

State v. Tulee

7 Wash. 2d 124 · Washington Supreme Court · Jan 13, 1941

This was clearly recognized in United States v. Winans, 198 U. … They have no higher sanctity; and no greater inviolability or immunity from legislative invasion can be claimed for them.