Case law

McClarty v. Totem Electric

157 Wash. 2d 214 · Washington Supreme Court · Jul 6, 2006

The legislature has clearly acquiesced in the Commission’s definition. See, e.g., Wash. Indep. Tel. Ass’n v. Wash. Utils. & Transp. … [N]o matter how one defines the term “handicap” the initial issue is not whether the worker has a condition which qualifies as a “handicap” for purposes of some abstract definition, but whether the worker has any “sensory

State v. McCormick

213 P.3d 32 · Washington Supreme Court · Aug 6, 2009

The trial court determined McCormick would be sentenced to 123 months imprisonment but found McCormick qualified for a SSOSA sentence. … It's in the back alley, but it is clearly on school property which he is not allowed to frequent. . . . .

Cedar River Water & Sewer Dist. v. King County

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.l70. At least on its face, the development agreement appears statutorily adequate. … Further, "[i]fthe 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.

Matter of Dependency of AEP

956 P.2d 297 · Washington Supreme Court · May 21, 1998

Her ability to pinpoint the event clearly failed, because she named four different baby-sitters. … Owens, 128 Wash.2d 908, 912 , 913 P.2d 366 (1996) (holding the victim's particular statements did not qualify for this hearsay exception), or a statement made for purposes of medical diagnosis.

State v. Davis

195 Wash. 2d 571 · Washington Supreme Court · Apr 30, 2020

As we stated in DeWeese, the right to waive counsel does not include a right to be immune from the consequences of self-representation. 117 Wn.2d at 382. … This time, the trial court 1 The record does not clearly indicate that Davis physically moved to leave.

State v. Tyler

77 Wash. 2d 726 · Washington Supreme Court · Mar 5, 1970

This statute is not designed to give immunity to persons who commit crime when they are affected by intoxicating liquor or drugs. … That opinion should have been received in evidence, the court having found the doctor qualified to give opinions based on the appellant's testimony, however vague that testimony may have been.

State v. Granath

190 Wash. 2d 548 · Washington Supreme Court · Apr 26, 2018

At sentencing, a trial court may issue a new no-contact order consistent with RCW 10.99.050(1)"or it may extend the existing order by clearly indicating on the judgment and sentence that the order is to remain in effect." … In sum, I would hold that the plain language of RCW 10.99.050 establishes that a DVNCO is issued as a stand-alone order at the time of sentencing and is not dependent on the length of probation. II.

In Re Turco

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

Although the majority correctly notes, "We must independently evaluate the evidence in the Commission's record to determine if the judge violated the Code," it qualifies the constitutional standard by adding, "[i]n so doing … 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.

State v. Smith

59 P.3d 74 · Washington Supreme Court · Dec 12, 2002

The dissent concluded that under the hearsay exceptions, "a value judgment has already been made that the accused is not entitled to confront those persons making the qualifying statements." Id. … Actually bringing the witness to the stand and asking relevant questions on direct examination is clearly what is intended. The response, if any, is beside the point.

State v. Davis

10 P.3d 977 · 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.

State Ex Rel. Moore v. Houser

91 Wash. 2d 269 · Washington Supreme Court · Dec 28, 1978

Dismissal of the indictment is the proper sanction when a defendant has been granted immunity from prosecution, when his indictment is defective, or, usually, when the only evidence against him was seized in violation of … The jurisdiction of these courts is established by statute. Const. art. 4, § 12.

In re Pers. Restraint of Gentry

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.

Greenberg v. Amazon.com, Inc.

Washington Supreme Court · Aug 8, 2024

King lives in Mesa, Arizona, and has a compromised immune system due to chemotherapy treatment that she completed in January 2020. CP at 16-17. … As a result of her compromised immune system and the government directives, King turned to online shopping to obtain essential items. CP at 17.

State v. Bell

59 Wash. 2d 338 · Washington Supreme Court · Jan 11, 1962

In my considered opinion the evidence in this case establishes not only that it tended to hinder or delay, but that it in fact did hinder and delay. … C. at the same address as the law firm heretofore mentioned. *361 Later, it qualified to do business in New York and moved its principal office to 341 Madison Avenue, New York City, and changed its name.

State v. Delbosque

195 Wash. 2d 106 · Washington Supreme Court · Jan 30, 2020

The Court of Appeals highlighted testimony that Delbosque "would qualify for minimum security except for the term of his sentence and an immigration detainer." Delbosque, 6 Wn. App. 2d at 410. In addition, Dr. … In contrast, a personal restraint petitioner claiming a constitutional violation must establish that they were actually and substantially prejudiced. In re Pers.

Nordstrom v. White Metal Rolling and Stamping Corp.

75 Wash. 2d 629 · Washington Supreme Court · Apr 10, 1969

The trustworthiness of exhibit 17 was established beyond any reasonable cavil. … The objection is that the witness was not qualified.

Herron v. KING Broadcasting, Co.

112 Wash. 2d 762 · Washington Supreme Court · Jun 22, 1989

The court's description of the reporter's work in Kuhn clearly reveals evidence of conscious fabrication, or reckless disregard for the truth. … Moreover, contra to the news story in Kuhn , the newscast in this case was a classic hot news story, where a sense of urgency as to time of publication clearly existed.

State v. Sassen Van Elsloo

425 P.3d 807 · Washington Supreme Court · Sep 13, 2018

persons, the necessity of accepting others not qualified has been purposely created.'" … Indeed, despite repeated questioning by the State,juror 12 clearly stated that she did not have positive feelings about alibi witness Burton.

In Re the Proceedings for the Disbarment of Beakley

6 Wash. 2d 410 · Washington Supreme Court · Dec 4, 1940

There is testimony in the record, given by duly qualified real estate dealers, that it was worth from $1,000 to $1,400 at the time the hearing was held before the trial committee, and probably less at the time the mortgage … There is precedent for the provision requiring repayment to a wronged client before allowing reinstatement; but we do not desire to establish that practice.

Washington State Legislature v. Lowry

931 P.2d 885 · Washington Supreme Court · Feb 27, 1997

The Legislature asked the court to establish limiting parameters of the Governor's veto authority under article III, section 12 of the Washington Constitution. … To the extent we immunize nonappropriations provisos in appropriations bills from the Governor's veto, the Legislature will try to slip substantive law provisos into appropriations bills to derive political advantage against