Case law

State v. Kintz

169 Wash. 2d 537 · Washington Supreme Court · Aug 26, 2010

It is not necessary to establish that the alleged stalker follows the person while in transit from one location to another. RCW 9A.46.110(6)(b). … It alleges, "Clearly, the `rudder' the dissent has in mind is some measurement of time that must transpire between the first and second occasions of following or harassment." Id.

Residents Opposed Turbines v. State Efsec

197 P.3d 1153 · Washington Supreme Court · Nov 20, 2008

That section clearly indicates that locating turbines at greater distances from viewers reduces visual impact of those turbines. … However, this provision relates to state immunity and does not directly address appellate and original jurisdiction.

Duc Tan v. Le

Washington Supreme Court · May 9, 2013

However, due to concerns about stifling valuable public debate, the privilege of "fair comment" was incorporated into the common law as an affirmative defense to an action for defamation; it afforded '"legal immunity for … Thus, to determine liability for an opinion statement it is crucial to ascertain the type of information that underpins an opinion: "When a publisher makes a qualified or unqualified assertion of fact

In Re Disciplinary Proceeding Against Dynan

98 P.3d 444 · Washington Supreme Court · Nov 30, 2004

See In re Disciplinary Proceeding Against Anschell, 141 Wash.2d 593, 615 , 9 P.3d 193 (2000) (explaining how a pattern of misconduct may be established). … Further, as discussed above, Dynan's actions in Hedberg, Han, and Walls clearly establish a pattern of misconduct: Dynan committed RPC violations against the Pierce County Superior Court in at least three cases over an extended

Crockett v. Crockett

27 Wash. 2d 877 · Washington Supreme Court · May 22, 1947

determine the rights of the parties to such property, and undoubtedly such an action might be brought by the administrator or executor of a deceased party, for the benefit of heirs, to have their rights in such property established … Seattle-First National Bank, the duly appointed and qualified executor of the estate of Edith McPherson, appeared in the action and asked to be substituted for Edith McPherson, for the purpose of having this court review

State Ex Rel. Pac. T. T. Co. v. D.P.S.

19 Wash. 2d 200 · Washington Supreme Court · Oct 22, 1943

Individual judges have dissented from this proposition, but the rule has been clearly stated by the supreme court of the United States. In the case of Ohio Valley Water Co. v. … This court does not sit as a board of revision with power to review the action of administrative agencies upon grounds unrelated to the maintenance of constitutional immunities. Los Angeles Gas Electric Corp. v.

Fitzpatrick v. Okanogan County

169 Wash. 2d 598 · Washington Supreme Court · Sep 2, 2010

The Fitzpatricks 5 cannot establish the “public use” element of their inverse condemnation claim. … Pierce County, 148 Wn.2d 760, 768 , 64 P.3d 618 (2003) (“clearly, not every government action that takes, damages, or destroys property is a taking”); Olson v.

State v. White

60 Wash. 2d 551 · Washington Supreme Court · Sep 25, 1962

Jumper nor the robbery or rape, but consisted of statements that, at the time of the trial, he was unable to recall clearly the details of these events. … Now, of course, if that were clearly so, the objection should be sustained.

State v. Perez-Cervantes

6 P.3d 1160 · Washington Supreme Court · Aug 24, 2000

The testimony of Thomas' longtime girl friend established he had a history of drug abuse dating back to 1975. … Clearly, Thomas would not have died had he not been stabbed. Thus, the stab wound is a proximate cause of his death.

Hickle v. Whitney Farms, Inc.

64 P.3d 1244 · Washington Supreme Court · Mar 13, 2003

Washington courts recognize well established doctrines of common law negligence, such as negligent entrustment. … Organic substances like fruit pomace or spent diatomaceous earth are clearly not of the same class, kind or type as pesticides, residue of pesticides, or pesticide containers. Thus, they are not dangerous wastes.

Beezer v. City of Seattle

60 Wash. 2d 239 · Washington Supreme Court · Jul 12, 1962

This is clearly a declaration of the public policy of the state, dating back thirty years, and is in no sense an attempt to exercise a veto over said project. [2] Whether the Federal Power Commission can confer powers of … In our opinion Seattle's right to acquire these properties by the exercise of the power of eminent domain under Section 21 of the Federal Power Act is well established. FPC v.

Boyer v. State

19 Wash. 2d 134 · Washington Supreme Court · Oct 7, 1943

On April 1, 1927, the land commissioner filed a replat of “Ballard Tide Lands,” including therein the lands involved in this action, and established in the replat certain waterways adjacent to appellant’s lands. … Finally, a proposal was made, at whose instance the record does not clearly disclose, that an appraisal of the value of the improvements be obtained and, if the report of the appraiser should be satisfactory to all concerned

State v. Koslowski

209 P.3d 479 · Washington Supreme Court · Jun 18, 2009

We have previously stated that three "closely connected requirements" must be satisfied for a hearsay statement to qualify as an excited utterance, including, (1) a startling event or condition must have occurred, (2) the … The first and third requirements are met here because the underlying robbery clearly constituted a startling event and Ms.

In Re Crabtree

9 P.3d 814 · Washington Supreme Court · Sep 14, 2000

The Aho case is a subsequent change in the law that may qualify as "good cause" for granting the petition. petitions because they were time-barred due to the fact that none of the RCW 10.73.100 exceptions to the one-year … Aho represents an intervening change in the law, thus establishing good cause to grant Crabtree's personal restraint petition.

In re Recall of Sun

Washington Supreme Court · Apr 25, 2013

Legal sufficiency requires that the petition state, with specificity, substantial conduct clearly amounting to misfeasance, malfeasance, or violation of the oath of office. … Erickson and Sun then allegedly commenced signing off on building permits, despite the fact that neither was qualified to do so.

State v. Higgins

75 Wash. 2d 110 · Washington Supreme Court · Jan 2, 1969

In other words, a juror who could not understand the simple concept embodied in the instruction given could hardly be deemed qualified to serve at all. … The legislature, in enacting statutes establishing eminent domain practices, had a choice of these procedures.

State ex rel. Pacific Telephone & Telegraph Co. v. Department of Public Service

19 Wash. 2d 200 · Washington Supreme Court · Oct 22, 1943

This court does not sit as a board of revision with power to review the action of administrative agencies upon grounds unrelated to the maintenance of constitutional immunities. Los Angeles Gas & Electric Corp. v. … The city of Elmhurst attacked the rates, contending that the rate schedule established unreasonable differences between localities and classes of service, in contravention *275 of the statute of the state establishing the

Wood v. Royal Bank of Canada

3 Wash. 2d 308 · Washington Supreme Court · Mar 28, 1940

The husband was named in the will as executor and qualified as such. The property of the estate was appraised at $565,740.16; of this amount, $483,367.20 represented the value of the shares of E. K. … Of this section, we said, in In re Wolfe’s Estate, 186 Wash. 216 , 57 P. (2d) 1066 , that it reposes in the trial court a wide discretion, which should not be controlled by this court in the absence of evidence clearly establishing

State ex rel. Olympia v. Olympia Light & Power Co.

91 Wash. 519 · Washington Supreme Court · Jun 16, 1916

S. 265 : “ ‘It has been settled by this court that the state may authorize one of its municipal corporations to establish, by an inviolable contract the rates to be charged by a public service corporation (or natural person … But for the very reason that such a contract has the effect of extinguishing pro tanto an undoubted power of government, both its existence and the authority to make it must clearly and unmistakably appear, and all doubts

State v. Linton

36 Wash. 2d 67 · Washington Supreme Court · Apr 3, 1950

exhibit, called a statement, which opens with the following: “I, Ralph Linton, make the following statement and confession of my own free will and accord, without threat of any kind being made to me or without any promise of immunity … The court clearly submitted the question to the jury and permitted them to find defendant guilty of assault in either the second or third degree.