Case law

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.

Washington State Board Against Discrimination v. Board of Directors

68 Wash. 2d 262 · Washington Supreme Court · Mar 31, 1966

state, and in the absence of constitutional restrictions, the legislature has absolute control over the number, nature, and duration of the powers conferred, and the territory over which they shall be exercised, and may qualify … instances where the later act covers the entire subject matter of the earlier legislation, is complete in itself, and is evidently intended to supersede the prior legislation on the subject, or unless the two acts are so clearly

In re the Personal Restraint of Gentry

179 Wash. 2d 614 · Washington Supreme Court · Jan 23, 2014

There, this court considered whether an intervening change in the law qualified as a material change. … Because the prosecutor’s statement was clearly improper, we must further consider whether it was prejudicial. b.

State v. Coryell

197 Wash. 2d 397 · Washington Supreme Court · Mar 25, 2021

But in context, it is an attempt to state more clearly a principle that is simple in the abstract and often complicated in the specific: a defendant is entitled to a lesser included instruction based on the evidence actually … torture) is an inferior degree offense for first degree assault (by inflicting great bodily injury), even though the lesser degree offense has an element that is not a part of the greater degree offense and thus does not qualify

State v. Beck

56 Wash. 2d 474 · Washington Supreme Court · Feb 3, 1960

The inference from the appellant’s argument is that a person who can secure a large amount of adverse publicity from newspapers, radio, and television, thereby becomes immune from grand jury investigation; the more notoriety … The extent of our review of the charge, if we have any right to review it, is clearly limited, as stated in the opinion in Wheeler v.

Gallo v. Department of Labor and Industries

120 P.3d 564 · 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).

Ferry County v. Concerned Friends

155 Wash. 2d 824 · 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.

Central Puget Sound Regional Transit Authority v. Miller

156 Wash. 2d 403 · Washington Supreme Court · Feb 16, 2006

This would make agencies nearly immune from judicial review of public use. … Only by adopting a rubber-stamp standard of review at odds with article I, section 16 and relevant case law can the majority look the *439 other way. 19 To rely upon clearly erroneous factual information of such magnitude

Tacoma Mill Co. v. Northern Pacific Railway Co.

89 Wash. 187 · Washington Supreme Court · Jan 11, 1916

At the outset it is conceded by appellant that, if the intention of the parties may be clearly and certainly determined from the language they employ, recourse will not be had to extrinsic evidence for the purpose of ascertaining … There are no reservations or limitations en-grafted upon it, limiting or qualifying the grant for railroad and other similar purposes.

R.B. v. C.W.

186 Wash. 2d 828 · Washington Supreme Court · Oct 27, 2016

Congress and our legislature took great care to qualify several different parties as “Indian.” … Pursuant to the Court’s analysis in Adoptive Couple , RCW 26.26.116(1)(a) establishes that C.W. had legal custody of T.A.W. because he was T.A.W.’s father from birth.

School Districts' Alliance for Adequate Funding of Special Education v. State

170 Wash. 2d 599 · 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. … potential for an unlawful funding gap if a district faces a situation where some students’ special education costs are above the average allocation and are neither offset by other students’ lower costs nor high enough to qualify

State v. Davis

141 Wash. 2d 798 · Washington Supreme Court · Sep 28, 2000

Appellant has not shown that the discretion exercised by the trial court in not sua sponte injecting the subject of race was contrary to, or involved an unreasonable application of, clearly established state and federal law … Nor does it qualify as a self-authenticating document under ER 902(e). Appellant provides no authority to the contrary.

In re Pers. Restraint of Monschke

197 Wash. 2d 305 · Washington Supreme Court · Mar 11, 2021

Many of these purposes also include the tautological qualification “if otherwise qualified by law.” … The legislature clearly distinguishes between sentences and convictions in the collateral attack statute. See RCW 10.73.100(5), (6).

McKown v. Simon Property Group, Inc.

182 Wash. 2d 752 · Washington Supreme Court · Mar 5, 2015

As for the second certified question, we answer no, as qualified by our discussion to this point. 5 While proving acts of similar violence is not the only way for a plaintiff to establish a duty as provided in the Restatement … “character” is to be established or assessed.

In Re the Personal Restraint of Jeffries

110 Wash. 2d 326 · Washington Supreme Court · Apr 7, 1988

Mississippi, 472 U.S. 320 , 86 L.Ed.2d 231 , 105 S.Ct. 2633 (1985) is clearly distinguishable and we decline to set aside the death penalty. … Mightn't a juror think that "higher" decision makers are more qualified or that a death sentence will be overturned on appeal if it is "wrong".

State v. Dennis

Washington Supreme Court · Jul 26, 2018

Per this tenet, the State argues that if the legislature had intended any five-year period to qualify, it would have said "five-year period" without including the "or more" language. … This was clearly intended, considering the provision's context. Columbia Riverkeeper v.

Grandview Inland Fruit Co. v. Hartford Fire Insurance

189 Wash. 590 · Washington Supreme Court · Mar 29, 1937

The line which divides the two kinds of writings has not been clearly defined and cases can be found' which it is difficult to reconcile. In Jackson v. Ely, 57 Ohio St. 450 , 49 N. … writing be construed as a release in the nature of a contract, the appellant nevertheless invokes the general rule that, where in a release there is a particular recital followed by general words, the general words will be qualified

COSMOPOLITAN ENG. GROUP v. Ondeo Degremont, Inc.

149 P.3d 666 · Washington Supreme Court · Dec 28, 2006

RCW 18.27.040(5) establishes bond amounts that must be reserved for residential homeowners. … Kitsap Transit, 125 Wash.2d 456, 463 , 886 P.2d 556 (1994) ("a statute will not be construed in derogation of the common law unless the Legislature has clearly expressed its intention to vary it"); see also Lumberman's of

Southwest Washington Production Credit Ass'n v. Fender

21 Wash. 2d 349 · Washington Supreme Court · Aug 11, 1944

In the present case, the court below naturally felt bound to follow and apply the law as clearly announced by this court. … It clearly might sustain such an action, again assuming the facts stated. (Erickson v. United States, 264 U. S. 246 .)

State v. Williams

142 Wash. 2d 17 · Washington Supreme Court · Oct 19, 2000

Thus the search yielding the contraband at issue was predicated upon and directly flowed from the constitutional *31 infirmity. 6 Although the majority would immunize a search of one’s person for contraband as the fruit of … Such is clearly the predicate to consent required by Ferrier, as fully *35 recognized by the trial court, which suppressed the fruits of the unconstitutional conduct.