Case law

Dawson v. Daly

120 Wash. 2d 782 · Washington Supreme Court · Feb 18, 1993

Employee evaluations qualify as personal information that bears on the competence of the subject employees. … The presumption we establish satisfies only the offensiveness prong of RCW 42.17.255.

McGugart v. Brumback

77 Wash. 2d 441 · Washington Supreme Court · Dec 31, 1969

, and then claim the benefit of the statute when the adverse party sought to qualify or explain his testimony. … The record discloses that defendant administratrix clearly and timely objected to the testimony of Mr. and Mrs.

Crystal Ridge Homeowners Ass'n v. City of Bothell

182 Wash. 2d 665 · Washington Supreme Court · Feb 12, 2015

Under the SCC, then, a pipe that controls excess water qualifies as a stormwater facility wherever that water is located, including underground. … The plat clearly shows a drainage easement within Tract 999, and the record contains no indication that Tract 999 contains any drainage facility of any type aside from the *678 interceptor pipe and the A.W.D. sanitary sewer

State ex rel. Case v. Superior Court

81 Wash. 623 · Washington Supreme Court · Sep 21, 1914

Clearly the statute does not intend that the council shall submit the amendment until the fact exists that the necessary number of qualified voters have petitioned. … Clearly the legislature was not required to go further, and we think it has not done so.

Tapper v. Employment Security Department

122 Wash. 2d 397 · Washington Supreme Court · Sep 16, 1993

This task is complicated by the absence of clearly defined findings of fact and conclusions of law within the Commissioner's decision. … Relying on its decision in Becker , the Court of Appeals concluded that Tapper's difficulties at work were the result of her inabilities and thus did not qualify as misconduct. See Tapper, 66 Wn. App. at 452-53 .

State v. Bao Dinh Dang

178 Wash. 2d 868 · Washington Supreme Court · Oct 31, 2013

He didn’t describe what that was, but he said very clearly he was going to *886 do something big. He said he needed to go back to Western State Hospital. … And at that point I felt clearly like I needed to take some action at this point.

State v. Mayer

Washington Supreme Court · Oct 22, 2015

Consequently, the State has failed to establish that Mayer's waiver of his Miranda rights was knowing and intelligent. A. … The "at any time" statement thus did not immunize Dennison's warnings against the defects created by his later responses to Mayer's questions. C.

In re Dependency of Z.J.G.

196 Wash. 2d 152 · Washington Supreme Court · Sep 3, 2020

This case satisfies each consideration for establishing an issue of continuing and substantial public interest. … While testimony of eligibility is not necessary to establish a “reason to know,” it is sufficient for a court to make such a finding.

W. P. Fuller & Co. v. Sheble Construction Co.

198 Wash. 84 · Washington Supreme Court · Feb 20, 1939

We think the rule is well established that, in order to participate in the reserve fund, a creditor must qualify as a lien claimant by giving the statutory notice *96 of claim of lien. Denham v. … Clearly, appellant had no lien at the time the contract was entered into, and might never have one; nor do we think that, by incorporating this provision in the contract and assignment, respondents admitted that there was

State v. Hayes

Washington Supreme Court · Feb 5, 2015

The legislature continued to move toward establishing more specific and individualized punishments for offenders. … Clearly, most of the jury instructions given in this case would need to be overhauled, including those describing accomplice liability and the "to convict" instructions that allow a conviction to be based on either principal

State v. Monson

113 Wash. 2d 833 · Washington Supreme Court · Dec 28, 1989

Even if it is, the court continued, the document at issue in the case would not qualify anyway. Dibley , at 828 n.4. … Further, the copy of the letter revoking his privilege to drive and the driving abstract together clearly establish that when he was cited his driving privilege was revoked.

Weyerhaeuser v. Pierce County

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

Merely because the information which was provided is written does not immunize the authors from being "witnesses” subject to cross examination under PCC 2.36.090. … The findings and conclusions are clearly inadequate to determine the basis for the hearing examiner’s decision upholding the adequacy of the EIS.

State v. Sims

256 P.3d 285 · Washington Supreme Court · May 5, 2011

While RAP 2.4(a) does not limit the scope of argument a respondent may make, it qualifies any relief sought by the respondent beyond affirmation of the lower court. … The trial court in Sims's case clearly knew it had the option to grant or not grant a SSOSA and even that it could apply a geographical restriction.

State v. Darden

41 P.3d 1189 · Washington Supreme Court · Mar 7, 2002

Although it may be that some communications between civilians and law enforcement surrounding a surveillance operation might qualify as privileged, it is absurd to claim a location per se is communication. … Here, as in Reed, the evidence the Defendant sought to introduce was relevant to the issue of how clearly the officer could view the drug transaction.

State v. Smith

93 Wash. 2d 329 · Washington Supreme Court · Apr 24, 1980

Again, the authorities cited by counsel do not establish that the defendant has standing to make this argument prior to conviction and sentence. … Marijuana is a psychedelic drug and it is presently well established that it does have a measurable effect on humans and animals.

State v. Ivie

961 P.2d 941 · Washington Supreme Court · Sep 3, 1998

The first inquiry is whether Congress, in establishing the penalizing mechanism, indicated either expressly or impliedly a preference for the civil or criminal label. … I do not read that statute to immunize a military person from civilian criminal prosecution because of the imposition of Article 15 nonjudicial punishment by his or her commanding officer.

State v. Louie

68 Wash. 2d 304 · Washington Supreme Court · Apr 7, 1966

It is defendant’s contention that instruction No. 13 is erroneous because it omits an essential ingredient of the statutory offense of burglary in the second degree when it fails to qualify the allegation “a building known … to instruction No. 13 into the constitutional realm and thereby relieve him of the obligation of excepting to the instruction in the trial court, as required by Rule of Pleading, Practice and Procedure 51.16W, supra, are clearly

Kastanis v. Educational Employees Credit Union

122 Wash. 2d 483 · Washington Supreme Court · Jan 13, 1994

a plaintiff must first make out a prima facie discrimination case by showing that he or she: (1) was within the protected group; (2) was discharged; (3) was replaced by a person outside the protected group; and (4) was qualified … While a decision to order reinstatement as a remedy is clearly within the equitable jurisdiction of a court, scrutiny of a refusal of reinstatement falls to the trier of fact. See Duke v.

Wilson v. Lund

80 Wash. 2d 91 · Washington Supreme Court · Dec 23, 1971

In terms of fundamental constitutional power and authority, we must render unto Caesar what is Caesar's — when it is clearly so, as here. … A comparison of the dates definitely establishes the Lockhart case and chapter 81 were a "coincidence" as said in a footnote to Clark v. Icicle Irrigation Dist., 72 Wn.2d 201 , 432 P.2d 541 (1967).

McGowan v. State

60 P.3d 67 · Washington Supreme Court · Dec 19, 2002

Section one states that meeting this obligation requires well-qualified and experienced teachers. … It clearly seeks to expand basic education in a way that is contrary to constitutional principles.