Case law

Bowers v. Transamerica Title Insurance

100 Wash. 2d 581 · Washington Supreme Court · Dec 15, 1983

Finally, the three criteria for establishing the third requirement, impact upon the public interest, are satisfied in this case. … Where the attorneys in question have an established rate for billing clients, that rate will likely be a reasonable rate.

Nielsen v. Washington State Bar Ass'n

90 Wash. 2d 818 · Washington Supreme Court · Nov 2, 1978

The enactment will not be upheld unless the state establishes a compelling interest. … Clearly, the right to be free of discrimination — at least in the absence of a compelling state interest — is basic in our society.

Coalition for Homeless v. Dshs

949 P.2d 1291 · Washington Supreme Court · Dec 24, 1997

The duty imposed by RCW 74.13.031(1) is clearly announced in the statute. … The testimony at trial was that as many as 40 percent of homeless families do not qualify for AFDC funds.

State v. Brown

983 P.2d 608 · Washington Supreme Court · Sep 9, 1999

Brown has failed to establish misconduct. She concedes that if her coat had been introduced into evidence, the jury could have used it to conduct the experiment. … Brown, relying on In re Charles, asserts that enhancements under RCW 9.94A.310(4)(e) are not immune from modification by other provisions of the SRA, namely RCW 9.94A.120's exceptional sentence provisions.

Tombari v. Griepp

55 Wash. 2d 771 · Washington Supreme Court · Mar 17, 1960

These allegations, in my opinion, fall far short of affirmatively establishing that the legal remedy of damages is inadequate. … I suggest that we reserve equity powers for situations where it is clearly shown by the pleadings that there is no plain, speedy, and adequate remedy at law. (4) Finally, whether a court will order specific performance of

State v. Hughes

166 Wash. 2d 675 · Washington Supreme Court · Jul 23, 2009

to multiple punishments for the same act, we next apply the “same evi *682 dence” analysis. 6 Even if the two statutes pass the same evidence inquiry, multiple convictions may not stand if the legislature has otherwise clearly … Under our case law, the dissent further reasoned that the minority age of a victim could qualify as “mental incapacity” under RCW 9A.44.010(4). 9 Given the cases wherein proof of minority age served as proof of mental incapacity

State v. Ish

241 P.3d 389 · Washington Supreme Court · Oct 7, 2010

Brittanee testified that his comments did not seem out of touch with reality and that he clearly recognized the members of Hall's family who were there. ¶ 4 When police officers arrived they found Ish on the front porch sitting … examination in order to impeach Otterson. [3] ¶ 10 The State, on the other hand, wanted to reference Otterson's agreement to tell the truth during its case in chief. [4] Over objection, the court concluded that the State could establish

In re Pers. Restraint of Ali

196 Wash. 2d 220 · Washington Supreme Court · Sep 17, 2020

Under either test proffered to demonstrate a significant change in the law, Houston-Sconiers qualifies. 2. Materiality Houston-Sconiers is material to Ali’s case. … Ali has established actual and substantial prejudice, and his PRP is granted.

State v. Gore

21 P.3d 262 · Washington Supreme Court · Apr 6, 2001

A few courts have qualified use of the product rule. Smith v. … Krane, "clearly establishes that there are no real issues as to the acceptance" of polymarker testing. Oct. 16, 1996 VRP at 15 (Judge's decision on admissibility); see Oct. 10, 1996 VRP at 113-14.

State v. Brown

132 Wash. 2d 529 · Washington Supreme Court · Jul 24, 1997

The logical converse of the proposition that death-qualified jurors are conviction prone is that non-death-qualified jurors are acquittal prone, not that they are neutral.[ 190 ] In Hughes this Court declined "to define ' … Mabry 193 to, support his claim that death qualified juries are more prone to convict.

State v. Tacoma-Pierce County Multiple Listing Service

95 Wash. 2d 280 · Washington Supreme Court · Dec 31, 1980

There we said administrative remedies must be exhausted before the courts will intervene: (1) "when a claim is cognizable in the first instance by an agency alone"; (2) when the agency's authority "`establishes clearly defined … Clearly the brokers are regulated in their capacity as members of such multiple listing association.

State v. Burke

163 Wash. 2d 204 · Washington Supreme Court · Mar 13, 2008

We can discern nothing in the policy of the law against self-incrimination which would require the extension of immunity to any trial or to any tribunal other than that in which the defendant preserves it by refusing to testify … A suspect must clearly articulate his desire to have counsel present such that a reasonable police officer under the circumstances would understand the statement to be a request for an attorney. Id.

In Re Larson's Estate

200 Wash. 318 · Washington Supreme Court · Aug 25, 1939

On June 13th, the Yakima First National Bank qualified as executor and the will was admitted to probate. … There is a complete failure of proof of an essential element to establish the charge of fraud; that is, that the facts were concealed from Mrs.

Sharpe Sign Co. v. Parrish

33 Wash. 2d 883 · Washington Supreme Court · Jun 23, 1949

Parrish, individually and as the duly appointed, qualified and acting executor of the last will and testament of Elsie M. … Shepherd we do not think it material, other than to establish the background of the relationship between Dr. Parrish and Mr.

Panag v. Farmers Insurance

166 Wash. 2d 27 · Washington Supreme Court · Apr 2, 2009

Dissent at 66. 8 In any event, it is clear that the dissent believes that the occurrence-in-trade-or-commerce element requires the plaintiff to be in a consumer or contractual relationship with the actor, or qualify as a … This is not a case where the legislature clearly did not intend for the CPA to apply, as in State v. Schwab, 103 Wn.2d 542 , 693 P.2d 108 (1985).

Rabon v. City of Seattle

957 P.2d 621 · Washington Supreme Court · May 21, 1998

An ordinance is presumed constitutional and a heavy burden rests upon the challenger to establish unconstitutionality. Brown, 116 Wash.2d at 559 , 807 P.2d 353 . … Nothing in the statutes clearly indicates legislative intent that state law preempts.

Reed v. Great Northern Railway Co.

126 Wash. 312 · Washington Supreme Court · Sep 10, 1923

Tineker, being duly qualified to enter land under the homestead laws, went upon the northwest quarter of Section 3, Township 39,- North, Range 6 E., W. … His claim was clearly evidenced on the land by his posted notices and improvements.

King County v. King County Water Dists.

Washington Supreme Court · Dec 5, 2019

The water-sewer districts argue that they are immune from the alleged tax under the governmental immunity doctrine. Dists.' Resp. Br. at 15-16. … An example of a statute that clearly limits a municipality's power to charge franchise compensation is RCW 35.21.860.

Gallo v. Department of Labor & Industries

155 Wash. 2d 470 · Washington Supreme Court · Sep 29, 2005

As noted, it is a significant tax advantage to both the employers and the workers that employee-benefit plans be “qualified” under federal income tax law. … Clearly, the legislature recognized that there is a distinction between the “rate of hourly wage” and “benefits.” RCW 39.12.010(1), (3).

In Re Personal Restraint Petition of Dalluge

100 P.3d 279 · Washington Supreme Court · Nov 4, 2004

Once the prosecutor amended the information to charge offenses *285 which did not result in automatic adult court jurisdiction, Dalluge's case no longer qualified for that exception to the juvenile court's exclusive jurisdiction … Thus, Dalluge has established that his appellate counsel failed to raise a meritorious issue. See Maxfield, 133 Wash.2d at 344, 945 P.2d 196 .