Case law

Carroll Construction Co. v. Smith

37 Wash. 2d 322 · Washington Supreme Court · Nov 2, 1950

If respondent intended to so limit his bid regarding the heating, he should have qualified it specifically in that respect. … Ingram, 16 Wn. (2d) 399, 133 P. (2d) 938 : "It is a well-established rule of construction that, when parties adopt a written agreement as the expression of their intentions, that instrument becomes the contract, and all negotiations

State v. Woods

23 P.3d 1046 · Washington Supreme Court · May 24, 2001

Here, the record reflects that the statements to Ragland-Stone were made, in a spontaneous manner, on the heels of a clearly startling event. … He asserts that death-qualified juries are significantly "more likely to vote for guilt" than nondeath qualified juries. Id.

State v. Magers

164 Wash. 2d 174 · Washington Supreme Court · Jul 24, 2008

Clearly, evidence that Magers was arrested in December 2003 for shoving Ray and that a no-contact order was entered following that arrest is admissible. … This allowed the defense to advance its theory without running *190 afoul of established case law.

In re Det. of Reyes

Washington Supreme Court · Sep 24, 2015

The petition relied on the residential burglary, which involved a sexual attack, and a prior conviction for child rape as qualifying sexually violent offenses. … Further, I agree with the lead opinion that the release of a transcript to D.F .F. is clearly not a sufficient remedy.

State v. Ollivier

Washington Supreme Court · Oct 31, 2013

Balancing the Factors Balancing the Barker factors clearly weighs against the defendant. … Qualifying Information Sufficient To Establish Probable Cause The trial court determined that when the false information was omitted, there was sufficient qualifying information in the affidavit to establish probable

In re the Disciplinary Proceeding Against Dynan

152 Wash. 2d 601 · Washington Supreme Court · Sep 30, 2004

In my view, the principle underlying Anschell is that perfunctory or disin *629 genuous “admissions” of wrongdoing are insufficient to qualify as acknowledgments of wrongdoing, especially when coupled with a blatant refusal … This court further noted, however, that there are exceptions to this general rule, allowing a “minimal suspension” “where the mitigating factors clearly outweigh any aggravating factors.”

Bernard v. Triangle Music Co.

1 Wash. 2d 41 · Washington Supreme Court · Oct 24, 1939

The defendant served and filed its answer on January 31st, putting the plaintiffs on proof by denying all of the allegations of the complaint, except as admitted or qualified by an affirmative defense. … Courts very much dislike, even in actions at law, to enforce forfeitures, and will do so only in cases where the parties have clearly stipulated therefor, or where the character of the property affected by the agreement seems

Duke v. Boyd

942 P.2d 351 · Washington Supreme Court · Aug 21, 1997

If the Legislature wanted to limit the tolling, it clearly knows how to do so. … Normally, one legislator's comments from the floor are considered inadequate to establish legislative intent. See In re F.D. Processing, Inc., 119 Wash.2d 452, 461 , 832 P.2d 1303 (1992).

In re Recall of Riddle

Washington Supreme Court · Oct 26, 2017

The factual allegations in this case clearly allege much more than a simple mistake. … In such cases, a showing of unlawful purpose is necessary to establish an unlawful act constituting malfeasance. This case is different.

Cameron v. Perkins

76 Wash. 2d 7 · Washington Supreme Court · May 15, 1969

There was no question of the creation of a party wall, since it clearly existed by written contract. … The land covered by the wall is the several property of the owner of the portion on which it stands, yet the title of each is qualified by the easement to which the other is entitled.

State v. Grayson

111 P.3d 1183 · Washington Supreme Court · May 26, 2005

Most significantly, the trial judge was aware of other pending drug charges, one of which involved such a large quantity of marijuana that Grayson could not qualify for DOSA in that case. … Instead the trial judge clearly answered the question posed by the DOSA statute: Would Grayson and the community benefit if the court were to grant him a DOSA sentence?

State v. Depaz

204 P.3d 217 · Washington Supreme Court · Apr 2, 2009

The transcript clearly indicates that she voluntarily admitted to talking to her husband about the case. … Clearly, this juror is being influenced by a third party, her husband, and the good grounds have been shown for her excusal....

Spokane & Idaho Lumber Co. v. Loy

21 Wash. 501 · Washington Supreme Court · Oct 9, 1899

Rut we think counsel’s position is clearly untenable. The statute (Bal. … It is strenuously insisted on behalf of appellants that this evidence was insufficient to establish corporate existence, or the right to exercise corporate powers.

Zylstra v. Piva

85 Wash. 2d 743 · Washington Supreme Court · Aug 28, 1975

If and when such an interference occurs, the ultimate power to administer the *750 courts clearly rests with the judiciary. … For these reasons I believe the courts clearly possess the power necessary to properly insure they can function efficiently as a separate branch of government.

In re the Estate of Alfstad

27 Wash. 175 · Washington Supreme Court · Jan 6, 1902

No question is made as to the validity of the notice of appeal or the service thereof, and that notice clearly shows what parties are appealing, and also the adverse party. … Section 6200 of Ballinger’s Code (2 Hill’s Code, § 956), provides that: “Every executor or administrator shall, after having qualified, by giving bond as hereinbefore provided, have a right to the immediate possession of

Brutsche v. City of Kent

193 P.3d 110 · Washington Supreme Court · Oct 2, 2008

"A case should be overruled upon `a clear showing that an established rule is incorrect and harmful.'" State v. … The refusal to consider the case on this basis was erroneous, however, because parties can clearly cite additional authority on appeal in support of issues they have already raised.

CLARK COUNTY PUD NO. 1 v. Wilkinson

991 P.2d 1161 · Washington Supreme Court · Feb 3, 2000

On January 20, 1997, the PUD sought reconsideration of the arbitrator's decision with respect to one of the grievants on the ground she was not qualified for the nonunit position she had been awarded at arbitration; the PUD … Washington law clearly indicates a distinction between statutory and constitutional writs of certiorari.

Pacific Commercial Co. v. Northwestern Fisheries Co.

115 Wash. 608 · Washington Supreme Court · May 16, 1921

“A waiver must be clearly proved, but this may be effected by various species of evidence. … That instrument provided that “the exact loss” should be “established by independent survey.”

McClarty v. Totem Elec.

137 P.3d 844 · Washington Supreme Court · Jul 6, 2006

I say that because the record establishes that McClarty fails to establish a prima facie case of disparate treatment and/or to show evidence of Totem Electric's discriminatory motive. … The legislature has clearly acquiesced in the Commission's definition. See, e.g., Wash. Indep. Tel. Ass'n v. Wash. Utils. & Transp.

In Re Disciplinary Proceeding Against Day

173 P.3d 915 · Washington Supreme Court · Dec 20, 2007

s mother knew he was an attorney. ¶ 34 This court has clearly established that an attorney may be sanctioned for misconduct that occurs outside the practice of law. … Even under Justice Williams' analysis, a lawyer molesting a former client who is a minor qualifies as an act of moral turpitude warranting disbarment.