Case law

State v. Swan

114 Wash. 2d 613 · Washington Supreme Court · Jun 22, 1990

The trial court denied the motion for a new trial, concluding that the presence of a Josh in the day-care center was something that was clearly discoverable in advance of trial. … Ascertaining *653 whether the rebuttal evidence is in reply to new matters established by the defense, however, is a difficult matter at times.

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.

Waremart v. Progressive Campaigns, Inc.

139 Wash. 2d 623 · Washington Supreme Court · Dec 16, 1999

Clearly the legislature was not required to go further, and we think it has not done so." State ex rel. Case, 81 Wash. at 646-47 , 143 P. 461 (emphasis added). … Superior Court, 81 Wash. 623 , 143 P. 461 (1914) without adding to it in any meaningful way. [2] Qualifying an initiative for the ballot is not constitutionally required to be an effortless process.

State v. Pierce

94 Wash. 2d 345 · Washington Supreme Court · Sep 25, 1980

From these findings and the record, it was established that the defendant was caught in the act of a daylight armed robbery of a jewelry store in Renton. … Yet the exception to the rule was recognized by the same division a few days earlier by this qualifying statement: "unless of course he chooses to voluntarily waive his prior demand for an attorney." State v.

Rekhter v. Dep't of Soc. & Health Servs.

Washington Supreme Court · Apr 3, 2014

Pillsbury Non-Qualified Pension Plan, 458 F.3d 748 (8th Cir. 2006), is misplaced. … DSHS's timely notice of appeal clearly encompassed the trial court's ruling on the client class.

Ryan v. Fergusson

3 Wash. 356 · Washington Supreme Court · Dec 18, 1891

Ryan, deceased, and duly qualified and entered upon the duties of such administrator. … Where the husband and wife were mortgagors, it should have been interpreted to mean both of them, even before the community system was established, where the legal title to the land was in the deceased, these statutes being

State v. Warner

125 Wash. 2d 876 · Washington Supreme Court · Feb 23, 1995

It is likely, however, any state employee that is conducting a "custodial interrogation” would probably qualify as a state agent for these purposes. … Where the examination is conducted for purpose of providing a third party with information, there is clearly no confidentiality anticipated or expected. J.N. v. Bellingham Sch. Dist. 501, 74 Wn.

State v. Jones

149 P.3d 636 · Washington Supreme Court · Dec 28, 2006

U.S.C. § 924 (e), a later court could look to police reports or complaint applications in determining whether a guilty plea in an earlier criminal proceeding formed the basis for a conviction of "generic" burglary, thereby qualifying … Apprendi , to say that Almendarez-Torres clearly authorizes a judge to resolve the dispute." Id. at 25, 125 S.Ct. 1254 . ¶ 27 Police reports and complaint applications are not at issue here.

York v. Wahkiakum School District No. 200

163 Wash. 2d 297 · Washington Supreme Court · Mar 13, 2008

Clearly, the rights of minors are not coextensive with those of adults. … The state may enact reasonable regulations to protect the public health and safety of schoolchildren, and compulsory immunization is a permissible exercise of the state’s police power. Zucht v.

Department of Social & Health Services v. Olver

131 Wash. 2d 104 · Washington Supreme Court · Jan 9, 1997

The Department maintains that the statute clearly contemplates recovery from probate estates and not from recipients themselves. … Changes in legislation may affect a "mere expectation” that one is qualified to receive future benefits. See Lawson v.

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.

Pacific Coast Steel Co. v. Old National Bank

134 Wash. 457 · Washington Supreme Court · May 13, 1925

An assignment so qualified is not an appropriation of tbe fund. Under such an assignment, as pointed out in First Nat. Bank v. … In this case tbe payment bas not been made, and there is notice of adverse claims such as, under tbe language of tbe contract and tbe assignment, are entitled to preference. ’ ‘ ‘ This lang-uage clearly indicates that, bad

Becker v. County of Pierce

126 Wash. 2d 11 · Washington Supreme Court · Mar 23, 1995

At the time the 1992 primary and general elections were conducted, Sonntag was the duly elected and qualified Pierce County Auditor. … Early this century we clearly established that the right to contest an election "rests solely upon, and is limited by, the provisions of the statute relative thereto”. Quigley v.

Allen v. Dameron

Washington Supreme Court · Feb 2, 2017

Dameron IV eta/., No. 93056-2 vice principal, or agent" and a willful withholding of wages to establish liability). … The legislature clearly and expressly included within that statute the mental element of"[w]illful[ness] and ... intent to deprive." RCW 49.52.050(2).

Cedar River Water & Sewer District v. King County

178 Wash. 2d 763 · Washington Supreme Court · Oct 24, 2013

They have not provided us with any specific argument as to why the development agreement does not qualify under RCW 36.70B.170. At least on its face, the development agreement appears statutorily adequate. … Further, “[i]f the parties to a contract clearly and unequivocally incorporate by reference into their contract some other document, that document becomes part of their contract.” Satomi Owners Ass’n v.

St. Francis Extended Health Care v. Department of Social & Health Services

115 Wash. 2d 690 · Washington Supreme Court · Dec 6, 1990

Francis, the lessors had the 4.5 acres appraised by a qualified appraiser. *693 That parcel was appraised at $1,176,000 as of April 7, 1984. … decision are: (a) in violation of constitutional provisions; or (b) in excess of the statutory authority or jurisdiction of the agency; or (c) made upon unlawful procedure; or (d) affected by other error of law; or (e) clearly

State v. Gibbons

118 Wash. 171 · Washington Supreme Court · Jan 4, 1922

These events, established beyond dispute by the state’s own witnesses, we have felt the necessity of relating in considerable detail, to the end that the premise-up on which we are to decide whether or not the seizure of … secured to him by the fifth amendment to the Constitution of the UMted States, providing that no person in any criminal case shall he compelled to he a witness against himself.’ ” If it he the law, as it clearly is, that

SCHOOL DISTRICTS'ALLIANCE v. State

244 P.3d 1 · Washington Supreme Court · Dec 9, 2010

In short, section 507 clearly states that special education funding is given to special education students in addition to their receipt of the BEA. … Presumptions create probabilities; "[e]videntiary presumptions exist because the establishment of an intermediate fact more probably than not establishes the ultimate fact, and the intermediate fact is more capable of proof

State v. Ha'Mim

940 P.2d 633 · Washington Supreme Court · Jul 24, 1997

As to this, the standard of review is clearly erroneous. 2. Do the reasons justify a departure from the standard range? This question is reviewed de novo as a matter of law. 3. … The problem with this argument is that the Legislature did allow exceptional sentences for some first-time offenders and Defendant Ha'mim did not qualify for such leniency. RCW 9.94A.120(5).

Brown v. MacPherson's, Inc.

86 Wash. 2d 293 · Washington Supreme Court · Dec 31, 1975

He who deals with an agent of the government must look to his authority, which will not be presumed but must be established. … To convert that agency into a “watch-dog” type land-planning agency, when the legislature has clearly foreclosed such path of action, to me, is judicially impermissible.