Case law

Peninsula Counseling Center v. Rahm

105 Wash. 2d 929 · Washington Supreme Court · May 29, 1986

Both of these interests clearly are implicated in this appeal. … This information clearly is of the type that a patient would desire to keep private.

Washington Local Lodge No. 104 of International Brotherhood of Boilermakers, Iron Ship Builders & Helpers v. International Brotherhood of Boilermakers, Iron Ship Builders & Helpers

28 Wash. 2d 536 · Washington Supreme Court · Jul 24, 1947

“I find that the affirmative defenses of the defendants, other than Joe Clancy, have been clearly established by a preponderance of the evidence. … “(c) Where there is an inconsistency between general provisions and specific provisions, the specific provisions ordinarily qualify the meaning of the general provisions.”

State v. Montgomery

163 Wash. 2d 577 · Washington Supreme Court · May 15, 2008

Having established that the witness has an opinion, the trial attorney may ask for the opinion. … The record does not establish actual prejudice. 9 See id. at 937 .

In re the Disciplinary Proceeding Against Heard

136 Wash. 2d 405 · Washington Supreme Court · Sep 24, 1998

We cannot say, from the record, that the evidence clearly preponderates against the trial committee’s findings, and we will, therefore, accept them. … The cases relied upon by the majority simply do not support the broad assertion that the Board may simply disregard the hearing examiner’s factual findings that the testimony presented failed to establish the offense by a

In Re Personal Restraint of Dalluge

177 P.3d 675 · Washington Supreme Court · Jan 17, 2008

We conclude that this case qualifies. E.g., Cashaw, 123 Wash.2d 138 , 866 P.2d 8 ; In re Pers. … Yet the majority looks past the statute's clear language and resorts to extrinsic evidence to fabricate an intent contrary to the one clearly expressed by the text. [7] "[W]here the meaning of the language used is plain,

Saldin Securities, Inc. v. Snohomish County

949 P.2d 370 · Washington Supreme Court · Jan 8, 1998

Thus, a court will accept review only if the appellant can allege facts that, if verified, would establish that the lower tribunal's decision was illegal or arbitrary and capricious. … Thus, before deciding whether to issue the constitutional writ of certiorari, our courts must determine if the decision to be reviewed qualifies as a judicial or quasi-judicial decision.

Marchioro v. Chaney

90 Wash. 2d 298 · Washington Supreme Court · Jul 20, 1978

once a woman is chosen to represent her county on the state committee, or to be chairman or vice-chairman of one of the committees, no other woman is eligible for the remaining position, even though she may be the best qualified … Clearly the majority opinion prevents the equal rights amendment from achieving its purpose of making sex a neutral factor, one to be disregarded in favor of ability and performance.

Beal for Martinez v. City of Seattle

954 P.2d 237 · Washington Supreme Court · Apr 2, 1998

We should not establish grounds for ancillary litigation to circumvent statutes of limitation. Courts may, and often do, overlook violations of the Rules of Civil Procedure when no prejudice results from the violation. … L.REV. 505, 529 (1987) ("[T]he drastic social and economic changes that have taken place since the public duty doctrine's birth in the nineteenth century warrant that it follow the doctrine of sovereign immunity into the

State v. McFarland

Washington Supreme Court · Aug 3, 2017

I cannot come up with any legitimate reason to hold that the circumstances of this case qualify for such special treatment. … To establish deficient performance, "the defendant must show that counsel's representation fell below an objective standard of reasonableness." Id. at 688.

State v. Murphy

9 Wash. 204 · Washington Supreme Court · Jun 20, 1894

They go into the jury box in a state of mind that is well calculated to give a color of guilt to all the evidence; and if the accused escapes conviction, it will not be because the evidence has [not] established guilt beyond … This doctrine is very clearly and concisely announced in State v. Miller, 29 Kan. 43 .

State v. Hughes

212 P.3d 558 · Washington Supreme Court · Jul 23, 2009

speak to multiple punishments for the same act, we next apply the "same evidence" 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 *562 9A.44.010(4). [9] Given the cases wherein proof of minority age served as proof of mental

Plein v. USAA Cas. Ins. Co.

Washington Supreme Court · May 21, 2020

Relying largely on comment 3 to RPC 1.9, the Court of Appeals noted that “[w]hile the specific fact of the Pleins’ case may qualify as distinct, Keller learned significant confidential information about USAA’s strategies … Under this comment 2, Keller’s representation of the Pleins is clearly permissible.

State v. Irby

246 P.3d 796 · Washington Supreme Court · Jan 27, 2011

This decision making was clearly a part of the jury selection process, a part that Irby did not agree to miss. *801 ¶ 13 The State points out that the courtroom was "empty" at the time and that there were "no proceedings … United States, 483 U.S. 171 , 107 S.Ct. 2775 , 97 L.Ed.2d 144 (1987). ¶ 54 The majority believes, however, that potential jurors 7, 17, 23, 42, 59, and 77 had to be questioned in Irby's presence to establish the truth of

Brundridge v. Fluor Federal Services, Inc.

191 P.3d 879 · Washington Supreme Court · Sep 4, 2008

When Fluor waived its right to challenge the "jeopardy" element, the following was true: this court had established in Hubbard v. … It cannot now claim that a change in the law excuses its waiver. [3] We hold that Fluor waived its right to contest the "jeopardy" element and that it does not qualify for an exception to that waiver.

Wiseman v. Eastman

21 Wash. 163 · Washington Supreme Court · May 9, 1899

It is only when those officers have misconstrued the law applicable to the case, as established before the department, and thus have denied to parties rights which, upon a correct construction, would have been conceded to … But such a general averment, though repeated once or twice, is to be taken as qualified and limited by the specific facts set forth to show wherein the transaction between the state and the navigation company was fraudulent

State v. Templeton

148 Wash. 2d 193 · Washington Supreme Court · Dec 19, 2002

Clearly then, the revised form did not satisfy the rules." [124] Where Divisions One and Two part company on this issue is in determining whether the failure to satisfy the rule prejudiced these defendants. … The right to counsel established by court rule is a procedural matter under this court's rule-making authority.

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.

Ferry County v. Concerned Friends

123 P.3d 102 · Washington Supreme Court · Nov 17, 2005

Jan. 3, 1997) (quoting the three factors established in Clark County Natural Res. … The answer is clearly no. ¶ 26 The information relied on by the county does not rise to the level of scientific information and, therefore, cannot possibly qualify as BAS. Although the dissent emphasizes Dr.

State v. Gounagias

88 Wash. 304 · Washington Supreme Court · Nov 24, 1915

This case goes much further than any other case cited or any which we have found, but is still clearly distinguished from the case here. … So far as we know, it has never been recognized as an element of mitigation, but only as a complete defense when established.

Conant v. State

197 Wash. 21 · Washington Supreme Court · Nov 18, 1938

The following is paragraph A, under the heading “Inefficient Methods of Administration”: “The Commission’s failure to establish clearly defined policies and to maintain them consistently has resulted in the State staffs and … Section 9987 merely defines the length of residence in the county required to qualify a pauper to call upon the commissioners for relief.