Case law

State v. Grier

171 Wash. 2d 17 · Washington Supreme Court · Feb 10, 2011

Instead, the relative responsibilities of the defendant and her counsel in this decision making process are not clearly delineated. … Accordingly, the defendant bears the burden of establishing deficient performance.

Estate of Burns

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. … RCW 43.20B.080(4)(a). [2] Changes in legislation may affect a "mere expectation" that one is qualified to receive future benefits. See Lawson v.

State ex rel. O'Connell v. Albertson's, Inc.

68 Wash. 2d 274 · Washington Supreme Court · Mar 31, 1966

positive evidence shows the merchant’s selling price to be below his buying price, the state has proved prima facie a below cost sale in violation of the statute, and proving the cost of business merely buttresses an already clearly … article or product at less than the cost thereof to such vendor . . . . ” and under clause 3, prohibiting the use of any article or product as a “loss leader,” with both clauses unconditioned by the subsequent language which qualifies

Griffin v. Eller

130 Wash. 2d 58 · Washington Supreme Court · Sep 5, 1996

Clearly, these amendments were intended to broaden the forms of relief available to victims of discrimination. … Clearly, these rules are not aimed at furthering any presumed need to maintain the right to discriminate in close personal associations.

Housing Authority v. Saylors

87 Wash. 2d 732 · Washington Supreme Court · Nov 18, 1976

Under 28 U.S.C. § 1915 , enacted in 1892, the right to proceed must be established by affidavits. … Marine Bancorporation, supra at 167, states the underlying theory clearly: Const. art. 4, § 1 and § 30, vests the judicial power in the Supreme Court, Court of Appeals and superior courts of this state.

Landmark Development, Inc. v. City of Roy

980 P.2d 1234 · Washington Supreme Court · Jul 22, 1999

Further, the record establishes Landmark had not yet even begun construction at its development site. … court's evaluation of the veracity of witness testimony will not be overturned unless such findings are clearly not supported by the weight of the evidence.

In re the Disciplinary Proceeding Against Turco

137 Wash. 2d 227 · Washington Supreme Court · Jan 28, 1999

its way to say: We reject the implication in the Matter of Dalessandro, 483 *242 Pa. 431 , 397 A.2d 743 (1979), that matters in one’s personal life which legitimately reflect upon the jurist’s professional integrity are immune … Under normal administrative procedure a reviewing court will defer to an agency on a “clearly erroneous” or “arbitrary and capricious” standard when there are only questions of fact in dispute.

In Re Higdon

30 Wash. 2d 546 · Washington Supreme Court · Apr 15, 1948

The rule is firmly established in this state that the writ of habeas corpus cannot be used to collaterally attack a judgment, even though the judgment is erroneous, if not utterly void. … The trial court was clearly in error in concluding that this proceeding was a direct attack upon the judgment rendered by the superior court for Clark county.

In re Dependency of G.J.A.

489 P.3d 631 · Washington Supreme Court · Jun 24, 2021

Again, ICWA establishes minimum standards. … WICWA also clearly defines what constitutes “active efforts.” RCW 13.38.040(1) (defining active efforts).

Brown v. Department of Commerce

184 Wash. 2d 509 · Washington Supreme Court · Oct 22, 2015

This form language contemplates the traditional scenario where one party both owns and holds the note, making that party clearly the beneficiary. … (“The mere possession of bearer paper qualifies the possessor as a holder and establishes that person’s right to sue ....

Bellevue John Does 1-11 v. Bellevue School District No. 405

164 Wash. 2d 199 · Washington Supreme Court · Jul 31, 2008

The teachers’ identities are clearly “personal information” because they relate to particular people. … We noted, “Employee evaluations qualify as personal information that bears on the competence of the subject employees.”

State v. Cates

Washington Supreme Court · Jul 2, 2015

The court's comments clearly indicate that it intended the computer inspection component to permit Cates' CCO to search Cates' computer. … While the computer community custody condition purports to provide Cates' consent, this language does not establish consent in a constitutional sense. State v. Thompson, 151 Wn.2d 793, 803, 92 P.3d 228 (2004).

Rhinehart v. Seattle Times Co.

98 Wash. 2d 226 · Washington Supreme Court · Dec 13, 1982

Nor is there any basis for holding that a publisher, when he is a party to litigation, enjoys a greater immunity from protective orders than do other litigants, as the defendants *230 would have us hold. … Rights of privacy are established in tort law. See *237 Restatement (Second) of Torts §§ 652-6521 (1977); Mark v. Seattle Times, 96 Wn.2d 473 , 635 P.2d 1081 (1981).

State v. Grier

246 P.3d 1260 · Washington Supreme Court · Feb 10, 2011

Instead, the relative responsibilities of the defendant and her counsel in this decision making process are not clearly delineated. … Accordingly, the defendant bears the burden of establishing deficient performance.

City of Tacoma v. Taxpayers of Tacoma

60 Wash. 2d 66 · Washington Supreme Court · May 23, 1962

The dissenting opinion (49 Wn. (2d) at page 802) was based on three grounds (1) that the majority opinion in the first Cowlitz case had established the law of the case, (2) that the decision of the Court of Appeals in 207 … The history of the proceedings leading to the issuance of the license by the commission and of the subsequent litigation clearly shows that the state cannot now exercise a veto over the rights acquired by the city and the

State v. Mason

162 P.3d 396 · Washington Supreme Court · Jul 19, 2007

However, we are not convinced a trial court's ruling that a statement is offered for a purpose other than to prove the truth of the matter asserted immunizes the statement from confrontation clause analysis. … His analysis established two strands of DNA; one was identified as the victim's.

State v. Bustamante-Davila

138 Wash. 2d 964 · Washington Supreme Court · Sep 9, 1999

Whether there was valid consent is established under the “totality of circumstances.” Petitioner gave consent to the INS agent to enter his residence. … The agent was accompanied by local police officers who followed the agent into the house as backup under an established practice.

Parmeter v. Bourne

8 Wash. 45 · Washington Supreme Court · Jan 15, 1894

Statutes providing for contests, unless they are clearly made exclusive, are'only cumulative remedies. High, Extr. Leg. Rem., § 624; McCrary on Elections, §334. … We have precisely the same constitutional prohibition as that construed by the supreme court of Illinois, reading: “No county seat shall be removed unless three-fifths of the qualified electors of the county voting on the

Mary Bridge Hospital, Inc. v. Van Vlack

41 Wash. 2d 916 · Washington Supreme Court · Jan 29, 1953

In support of this view we are referred to the well-established principle of law that, where a will is clear, definite, and free from ambiguity, its provisions cannot be limited, extended, or explained by resort to parol … This being so, we shall consider now the state of the law with particular reference to the question of when impossibility will excuse the performance of a condition precedent attached to and qualifying a bequest in a will

Central Puget Sound Regional Transit Auth. v. Miller

128 P.3d 588 · Washington Supreme Court · Feb 16, 2006

Clearly, any other method that provides comparable notice to those listed would meet the statutory requirement. … This would make agencies nearly immune from judicial review of public use.