Case law

Dill v. Zielke

26 Wash. 2d 246 · Washington Supreme Court · Oct 24, 1946

Also, the assignment is too general to challenge the accuracy of the findings of fact, which we should therefore accept as the established facts in this case. Those findings sustain the judgment. See Sansen v. … One could as validly be tried, over his protest, without a jury or with less than the legally required number of qualified jurors, as he *258 could be fairly tried by the admission of evidence which is inadmissible.

In re the Detention of Coe

175 Wash. 2d 482 · Washington Supreme Court · Sep 27, 2012

And there is nothing prohibiting the use of “well-founded statistics to establish some fact that will be useful to the trier of fact.” … CONCLUSION ¶81 In sum, we affirm the result reached by the Court of Appeals and hold that Coe establishes no reversible error.

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.

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

McKown v. Simon Prop. Grp., Inc.

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 … The majority does not clearly answer this question. On the one hand, it says such evidence is not required.

State v. Rodriguez

45 P.3d 541 · Washington Supreme Court · May 2, 2002

The witness in this case, while clad in clothing clearly denoting guilt and his status as a prisoner, testified to a criminal association with the defendant. … The government witness in Brooks had been granted immunity and was serving a sentence for two convictions unrelated to the defendant.

State v. Scott

190 Wash. 2d 586 · Washington Supreme Court · May 10, 2018

. ¶ 4 On direct appeal, the Court of Appeals held that the 900-month sentence imposed was not clearly excessive because the "aggravating factors are both numerous and individually and collectively egregious." … Such qualifying petitioner is presumptively eligible for early release. RCW 9.94A.730(3).

In Re Klein's Estate

28 Wash. 2d 456 · Washington Supreme Court · Jul 18, 1947

This means, of course, that the evidence must be such as to clearly convince the trier of the facts. In re Jones' Estate , 178 Wn. 433 , 34 P.2d 1111 . … The instant case comes clearly within the rule, and the court rightly followed it.

State v. Sibert

230 P.3d 142 · Washington Supreme Court · Apr 1, 2010

The term "every" in Brown was clearly intended to mean "an" element. In fact the Brown majority cited Smith and Byrd for that very proposition. … ¶ 54 Omitting even a single essential element from "to convict" instructions is immune from harmless error analysis.

MA Mortenson Co. v. Timberline Software Corporation

998 P.2d 305 · Washington Supreme Court · May 4, 2000

Whether the purchase order qualifies as a contract at all does not resolve the issue of whether it is an integrated contract. … a contract for sale although the writings of the parties do not otherwise establish a contract.

Erickson v. Pharmacia LLC

Washington Supreme Court · Oct 30, 2025

We affirm the choice of law principles established over five decades ago in Johnson. … As we clearly held in Johnson, choice of law is issue specific.

Robertson v. Department of Public Works

180 Wash. 133 · Washington Supreme Court · Dec 21, 1934

The purpose of this legislative act, as shown by the portions quoted, seems rather clearly to be to place upon contract haulers and haulers for hire some of the burdens generally recognized as applicable to common carriers … To forbid the use of the highway to one qualified to use it, while permitting all others similarly situated to use it freely, is discriminatory and arbitrary action. The recent case of Wald Storage & Transfer Co. v.

Fergen v. Sestero

Washington Supreme Court · Mar 12, 2015

To abandon established precedent, there must be '"a clear showing that an established rule is incorrect and harmful.'" State v. … As described above, it clearly bolstered defense counsels' arguments in closing that focused on the different possible diagnoses.

Brown v. Scott Paper Worldwide Co.

143 Wash. 2d 349 · Washington Supreme Court · Apr 5, 2001

The inclusion of this provision establishes that the Legislature intended to reach individual wrongdoers in the workplace, not just the employers themselves. We agree with the Court of Appeals' observation in Brown v. … An employer's right to terminate an at-will employee can be contractually modified and, thus, can be qualified by statements contained in employee policy manuals or handbooks issued by an employer to its employees.

In Re the Personal Restraint of Rupe

115 Wash. 2d 379 · Washington Supreme Court · Oct 18, 1990

We reject, however, petitioner's contention that Quinlivan establishes a common law principle which we may follow despite Brown and Parks. … The instruction clearly ties the reference to "mercy" to "fairness" and to the mitigating circumstances which defendant presents.

In re the Disciplinary Proceeding Against Osborne

187 Wash. 2d 188 · Washington Supreme Court · Dec 22, 2016

According to the committee on amendments to the rules, the intention was to allow for flexibility of who qualified as a relative. … We have well established the standard for reviewing appeals of hearing officers’ recommendations.

Eyman v. Wyman

191 Wash. 2d 581 · Washington Supreme Court · Aug 28, 2018

Article II, section 1 was clearly intended to ensure that initiatives are voted on as presented. … Under the last antecedent rule of statutory construction, courts construe the final qualifying words and phrases in a sentence to refer to the last antecedent unless a contrary intent appears in the statute. Berrocal v.

Puget Sound Alumni of Kappa Sigma, Inc. v. City of Seattle

70 Wash. 2d 222 · Washington Supreme Court · Jan 12, 1967

The facts in the instant case, when considered with our street vacation statutes, come clearly within this exception. … It enjoys an immunity from alienation and prescription unknown to fee simple tenure.

State v. Schierman

415 P.3d 106 · Washington Supreme Court · Apr 12, 2018

But, as a forensic psychiatrist, he was qualified to offer such testimony. The trial court, by contrast, was not qualified to assess the probable medical consequences of Schierman's childhood abuse. … But the limitation on aggravating evidence in a capital penalty phase proceeding was established by Bartholomew I and II and was clearly based on our state constitution.

Chemical Bank v. Washington Public Power Supply System

102 Wash. 2d 874 · Washington Supreme Court · Nov 6, 1984

The provisions of RAP 2.5(c)(2) clearly authorize reconsideration. … The agreements established successive sources of payments to the bondholders for the costs of debt service.