Case law

Mota v. State

114 Wash. 2d 465 · Washington Supreme Court · Mar 29, 1990

Any program established pursuant to this section shall allow an offender to earn early release credits for presentence incarceration. … The amendment clearly affects the substantive right to good-time credit. The change in the language of the provision is material.

Ellis v. WM. PENN LIFE ASSUR. CO. OF AMERICA

124 Wash. 2d 1 · Washington Supreme Court · May 26, 1994

WAC 284-23-400 through -460 establish the purpose of the regulations and the duties of insurers and their agents and brokers. … His insurance application stated that he was not seeking replacement insurance, even though the record demonstrates clearly that this was his purpose. Mrs.

Densley v. Department of Retirement Systems

173 P.3d 885 · Washington Supreme Court · Nov 15, 2007

He later established retroactive membership in PERS 1 to May 1977. … One clearly appears broader than the other.

Hillis v. State, Dept. of Ecology

932 P.2d 139 · Washington Supreme Court · Mar 6, 1997

(c) which establishes, alters, or revokes any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law.... … Nor should we immunize state government from the natural consequences of its lawlessness. Governmental immunity has been abolished by statute. See RCW 4.92.090; 4.96.010.

State v. Tibbles

236 P.3d 885 · Washington Supreme Court · Aug 5, 2010

The State has not met its burden to establish exigent circumstances. … For example, two of the factors are clearly inapplicable here: "`that there is strong reason to believe that the suspect is on the premises" and "the entry [can be] made peaceably."

Chellew v. White

127 Wash. 382 · Washington Supreme Court · Dec 10, 1923

It is enough for present purposes to observe that the testator, by language used in his will, gave to trustees certain discretionary power looking to their establishing and maintaining a dispensary for indigent persons, with … Having refused to qualify as executors, they never became accountable for any portion of the estate to be applied in charity or otherwise.

Dodge v. Scripps

179 Wash. 308 · Washington Supreme Court · Nov 15, 1934

This *311 central office was established at Oakland, California, where it Was maintained until 1930, when it was removed to Seattle. … Newspapers are not immune from the current business depression. The same proportion of net profits, however, are now being declared as dividends as in years past.

In Re the Disciplinary Proceeding Against Petersen

120 Wash. 2d 833 · Washington Supreme Court · Feb 25, 1993

A: I think it was established as a condition of diversion that Mr. Petersen be seen twice a month. … Keyser qualifies as an expert under ER 702 for his testimony in this case.

Johns v. Arizona Fire Insurance

76 Wash. 349 · Washington Supreme Court · Nov 3, 1913

The Pioneer Company, in pursuance of this contract, turned over bonds of a par value of $26,200, and on June 9, 1911, Bridgeford, who in the meantime had been appointed and qualified as receiver of the Pioneer Company, paid … But, in an unbroken line of decisions, we have held that, even on a trial de novo, the findings of the trial judge are entitled to great weight, and will not be disturbed when based upon conflicting evidence unless clearly

Andrews v. Del Guzzi

56 Wash. 2d 381 · Washington Supreme Court · Jun 23, 1960

Appellants first contend that there is no evidence or reasonable inference from the evidence sufficient to sustain any claim of negligence. [1] The evidence clearly establishes the fact that defendants Schmitt had nothing … Items which qualify as exceptions to the general rule have been limited by the courts to those having known dangerous propensities, such as dynamite, gunpowder, dynamite caps, and firearms.

In Re Coates'estate

55 Wash. 2d 250 · Washington Supreme Court · Dec 17, 1959

On December 11, 1952, upon appellant's petition, the will was admitted to probate in the superior court for Grays Harbor county, and appellant qualified to act as executor. … At this hearing, the court also permitted respondent to testify regarding events which occurred before appellant was appointed and had qualified as executor.

State v. Hernandez-Mercado

124 Wash. 2d 368 · Washington Supreme Court · Aug 25, 1994

Notwithstanding this, Petitioner Hernandez-Mercado has not established that RCW 9.41.070 is unconstitutional on its face. … Qualified interpreters were provided for him in all court proceedings.

PUBLIC UTILITY DIST. v. State, Dept. of Ecology

51 P.3d 744 · Washington Supreme Court · Jul 18, 2002

However the PCHB did not address the second sentence that "nothing in this chapter shall be construed to supersede or abrogate rights to quantities of water which have been established by any State," clearly indicating the … If the asserted definition of "pollution" in RCW 90.48.020 permits Ecology to establish minimum instream flows individually for each owner of an existing water right, this statute clearly conflicts with RCW 90.22.030, 90.54.900

State v. Grocery Mfrs. Ass'n

195 Wash. 2d 442 · Washington Supreme Court · Apr 16, 2020

Later that year, the attorney general was asked whether three specific organizations qualified as political committees. … Requiring subjective knowledge of illegality is clearly a narrow reading, not a liberal one.

Miller v. City of Tacoma

138 Wash. 2d 318 · Washington Supreme Court · Jul 1, 1999

Review of the findings is therefore limited to examining the record to establish whether there is substantial evidence to support each challenged finding. … Although no formal motion was made or adopted in the executive session, CP at 284 (finding of fact 8), “final action” is not limited to a formal motion, but also clearly covers informal proposals.

State v. Dodd

193 Wash. 26 · Washington Supreme Court · Dec 27, 1937

There is sufficient evidence in the record, not all of which has been referred to in our statement of the evidence, to clearly indicate that counsel for the state had probable cause and acted in good faith. … it is established by any of the other matters complained of.

In Re the Disciplinary Proceeding Against Simmons

59 Wash. 2d 689 · Washington Supreme Court · Mar 27, 1962

Ulrich qualified as guardian and at all times material hereto was the duly qualified and acting guardian of the person and estate of Frederick John Carroll, an incompetent, in Proceedings No. 110297 of the Superior Court … The evidence clearly shows that the account had been established in 1934, many years prior to the time Mrs. Carroll became a client of respondent, and that it was a joint account of her and Mr.

Mosso v. E. H. Stanton Co.

75 Wash. 220 · Washington Supreme Court · Sep 3, 1913

The vice of this argument is in the assumption that the speed of both man and machine as testified to were indisputably established physical facts, whereas they were mere estimates. … Whether the respondent negligently failed to look for approaching vehicles before entering upon the street was clearly a question for the jury.

Jacobs v. Brock

66 Wash. 2d 878 · Washington Supreme Court · Sep 23, 1965

The guidelines for making this determination are well established in this state: [3, 4] In Johnson v. … She was therefore qualified to testify as an expert witness in regard to such services. In view of the remand, our consideration of the remaining issues raised is unnecessary.

In Re the Estate of Bergau

103 Wash. 2d 431 · Washington Supreme Court · Jan 10, 1985

To implement this goal, RCW 84.34.060 provides that the assessor shall consider only current use of qualified property in determining true and fair value. … It was clearly and expressly stated in the will: assessed fair market value. As the majority concedes, the term "assessed fair market value" has only one possible interpretation: fair market value.