Case law

State v. Jones

922 P.2d 806 · Washington Supreme Court · Sep 19, 1996

At no time was Hill able to see the man clearly in the light. … The expert witness must qualify as an expert, and the testimony must be helpful to the trier of fact. Cauthron, 120 Wash.2d at 889-90 , 846 P.2d 502 .

State, Dept. of Ecology v. Campbell & Gwinn

43 P.3d 4 · Washington Supreme Court · Mar 28, 2002

This limitation, C & G reasons, is of general applicability and clearly establishes or alters qualifications for the enjoyment of benefits or privileges conferred by law, and thus is a rule subject to the Administrative Procedure … RCW 90.44.050 clearly creates an exemption from the permit requirement for the taking of groundwater for domestic use and the exemption is clearly limited to 5,000 gpd.

Davis v. Harrison

25 Wash. 2d 1 · Washington Supreme Court · Apr 11, 1946

Two hundred eighty-five thousand shares, less a qualifying share to each of the others, and one hundred fifty shares to Neva Appleton, were issued to C. L. Harrison. … M. was not qualified to do business in Alaska. The following year, the directors agreed with J. M.

McCarty v. King County Medical Service Corp.

26 Wash. 2d 660 · Washington Supreme Court · Dec 17, 1946

If special privileges or immunities are to be reserved to it which would exempt it from the plain obligations of its contract, the legislature should be importuned, not the courts. *686 This brings us to the appeal of Seattle … Clearly, the issues presented in that case did not bring the court to the point where it was faced with the duty of construing the two contracts which are before us in the present case.

Hughes v. Kramer

82 Wash. 2d 537 · Washington Supreme Court · Jul 19, 1973

Bullitt, 377 U.S. 360 , 12 L.Ed.2d 377 , 84 S.Ct. 1316 (1964), the court indicated that the term "revolution", appearing in a loyalty oath, was suspect and would not pass constitutional muster unless clearly it related to … Similarly, the challenged term "revolution", when read in the context of the qualifying terms in the oath which accompany it, necessarily relates to and involves force or violence and the destruction or overthrow of government

State v. Ellis

963 P.2d 843 · Washington Supreme Court · Oct 1, 1998

In my view, the State did not establish that the evidence proffered by the defendant on the issue of diminished capacity was clearly inadmissible when it is considered in light of ER 401, 402, and 403. … Clearly, therefore, premeditation constitutes an essential element of the crime of aggravated first degree murder. (Footnotes omitted.)

Tennant v. F. C. Whitney & Sons

133 Wash. 581 · Washington Supreme Court · Apr 2, 1925

Recurring to the language of the article, particularly to the words italicized by us in the above quotation thereof, it seems to us that its *588 language would be readily understood by anyone reading it as clearly imputing … The theory upon which appellant requested this instruction was that, inasmuch as the court told the jury that the burden was upon appellants to establish their plea of justification that respondent had possession of the intoxicating

Mark v. Seattle Times

96 Wash. 2d 473 · Washington Supreme Court · Nov 12, 1981

At trial, the State established invalid claims totaling only about $2,500. … Under the common law, a qualified privilege could be defeated only by proving the publisher either published maliciously or abused the privilege. See generally Taskett v.

Peck v. Peck

76 Wash. 548 · Washington Supreme Court · Dec 5, 1913

Peck, the plaintiff, qualified as executrix, filed an inventory, caused an appraisement of the estate to be made, and procured an order of the superior court in probate, declaring the estate solvent, and authorizing her to … Giving to this evidence all the probative force of *561 which it is capable, it seems to us to fall far short of establishing an estoppel in pais against the respondent in favor of appellants Peck.

Riverview Cmty. Grp. v. Spencer & Livingston

Washington Supreme Court · Nov 20, 2014

On the other hand, the Restatement would establish equitable servitudes in a wider range of cases. … There are no verbal agreements which qualify, modify, or supplement this Real Estate Contract. 10 Riverview Cmty. Grp. v.

Nw. Wholesale, Inc. v. Pac Organic Fruit, LLC

Washington Supreme Court · Sep 10, 2015

Ed. 2d 146 (2014), for the proposition that§ 541(a)(1)'s establishment of a bankruptcy estate sweeps broadly to include every conceivable interest of the debtor "future, nonpossessory, contingent, speculative, and derivative … The WALLCA clearly protects the voluntary association rights ofnondebtor LLC members.

Makinen v. George

19 Wash. 2d 340 · Washington Supreme Court · Oct 30, 1943

Helen George was nominated executrix by the will of deceased, and the will was presented by her and admitted to probate by the superior court for King county, Helen George qualifying as executrix. … Appellant’s theory is clearly shown on page sixteen of her brief, where she states: “It is the contention of Helen George that the effect of the conveyance from her mother to her of January 23, 1934, was to vest in her full

Thurston County v. Western Washington Growth Management Hearings Board

164 Wash. 2d 329 · Washington Supreme Court · Aug 14, 2008

Additionally, the Board’s decision suggests lands designated as LAMIRDS, or lands which could potentially qualify as LAMIRDs, may not be considered part of a rural element. … The Buildable Lands Report fulfills the requirements of RCW 36.70A.215, which requires counties to establish review and evaluation programs.

Oceanographic Commission v. O'Brien

74 Wash. 2d 904 · Washington Supreme Court · Nov 21, 1968

Neither does the absence of pecuniary attraction immunize the office from the constitutional limitation of article 2, section 13. … Yelle, 29 Wn.2d 68 , 185 P.2d 723 (1947), this court established the validity of appointments of legislators during their term of office to the Legislative Council.

State v. Talley

134 Wash. 2d 176 · Washington Supreme Court · Jan 8, 1998

[D.T.] clearly expressed her lack of consent to the defendant, including telling him that she was a virgin. 7. … In response to the judge’s inquiry, the deputy prosecutor stated, “Number one, your honor, it was not decided that an exceptional sentence could be qualified.

Silvain v. Pemberton

179 Wash. 287 · Washington Supreme Court · Nov 8, 1934

Silvain was appointed, and on May 10, 1932, qualified, as administrator of the estate. … When the state has shown these things, it has established prima fade the escheat of the property.” (Italics ours.)

Group Health Cooperative v. King County Medical Society

39 Wash. 2d 586 · Washington Supreme Court · Nov 15, 1951

The importance of access to Renton Hospital, on the part of appellants and others under contract with the Cooperative, is clearly established in the record. … In our opinion, the Society may not, through the mere use of the term “unethical,” clothe with immunity acts which would otherwise fall under the ban of the antimonopoly provision of our constitution.

State v. Talley

949 P.2d 358 · Washington Supreme Court · Jan 8, 1998

[D.T.] clearly expressed her lack of consent to the defendant, including telling him that she was a virgin. 7. … In response to the judge's inquiry, the deputy prosecutor stated, "Number one, your honor, it was not decided that an exceptional sentence could be qualified.

Weyerhaeuser Co. v. Commercial Union Ins.

15 P.3d 115 · Washington Supreme Court · Jan 16, 2001

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.

In re the Disciplinary Proceeding Against Day

162 Wash. 2d 527 · Washington Supreme Court · Dec 20, 2007

J. in his capacity as an attorney, and Day had access to D.J. only because D.J.’s mother knew he was an attorney. ¶34 This court has clearly established that an attorney may be sanctioned for misconduct that occurs outside … Even under Justice Williams’ analysis, a lawyer molesting a former client who is a minor qualifies as an act of moral turpitude warranting disbarment.