Case law

State v. Bustamante-Davila

983 P.2d 590 · 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.

State v. Bartholomew

101 Wash. 2d 631 · Washington Supreme Court · May 24, 1984

First, the trial judge may refuse to accept such evidence if he is not convinced that the examiner is qualified or that the test was conducted under proper conditions. … The Zant decision that initiated our reconsideration, and subsequent United States Supreme Court decisions, establish that the majority's interpretation of Gregg and Gardner is clearly erroneous and that this court's invalidation

State v. Westwood

534 P.3d 1162 · Washington Supreme Court · Sep 7, 2023

In this case, the second and third elements of same criminal conduct are clearly satisfied. Only the first element, same criminal intent, is disputed. … Clearly, the kidnapping was a part of the objective intent to rob the victim and to further the robbery. See generally id. at 211-12, 217.

Stanton v. Bayliner Marine Corp.

123 Wash. 2d 64 · Washington Supreme Court · Dec 30, 1993

Federal Preemption, Graybar, and the Economic Loss Rule It is undisputed that the design or manufacture of a defective product may qualify as a maritime tort. … In this case, application of East River’s maritime economic loss rule to consumer, recreational boats is well established.

Mogelberg v. Calhoun

94 Wash. 662 · Washington Supreme Court · Feb 16, 1917

Defendant’s damage might be composed of many elements, and one witness might be qualified on one element and another witness on another. … In other words,' it clearly appears that the evidence was not excluded because it was incompetent, irrelevant or immaterial, but solely because of the ruling of the court limiting the number of eyewitnesses to the accident

In Re Detention of Campbell

986 P.2d 771 · Washington Supreme Court · Dec 14, 1999

penalty as civil is entitled to considerable deference and that designation will not be overborne unless the statute, considered on its face and without reference to the level of sanction imposed in the particular case, is clearly … The Legislature recognized the extensive review required for commitment under RCW 71.09 and, therefore, allowed a 45-day period under that statute for evaluation of potential detainees by qualified DSHS professionals.

Winans v. W.A.S., Inc.

112 Wash. 2d 529 · Washington Supreme Court · May 11, 1989

A third judge, in dissent, would have reversed the trial court, arguing that the FLSA amendments did not clearly render the payment agreement illegal. … As indicated in § 531.51, the tip credit may be taken only for hours worked by the employee in an occupation in which he qualifies as a "tipped employee."

State v. Ringer

100 Wash. 2d 686 · Washington Supreme Court · Dec 29, 1983

The right to search incident to arrest "is merely one of those very narrow exceptions to the `guaranties and immunities which we had inherited from our English ancestors, and which had from time immemorial been subject to … In the past, we have not clearly distinguished between "automobile exception" search cases and cases involving search of vehicle incident to arrest. In State v.

Redhead v. Lang

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 Wash. 433 , 34 P. (2d) 1111 . … The instant case comes clearly within the rule, and the court rightly followed it.

Farm Crop Energy, Inc. v. Old National Bank

109 Wash. 2d 923 · Washington Supreme Court · Feb 4, 1988

However, the trial court correctly stated the law applicable to promissory estoppel, and a qualifying instruction was not proposed. … Where the fact is well established that profits would have been made and the difficulty in proving their amount is directly caused by the defendant's breach, a greater liberality is permitted in making estimates and drawing

Weitzman v. Bergstrom

75 Wash. 2d 693 · Washington Supreme Court · Apr 17, 1969

It is true that a reasonable man would not have retained such hopes, but the very fact that the respondent entered into this agreement in the first place shows that he does not qualify as the reasonably prudent man. … The facts bring the case clearly within the principle announced in Keylon v.

STATE EX REL. CONVENTION CENTER v. Evans

966 P.2d 1252 · Washington Supreme Court · Nov 12, 1998

Therefore, if the statute is silent regarding the estate to be taken, only an easement may be acquired or, if necessary, a base or qualified fee.[ [8] ] 3 Nichols § 9.03[3][a], supra, at 9-20, 9-21. … VI, § 19: The government may take in fee, "more land and property than is needed for actual construction in the establishing ... public highways ...

Metzger v. Quick

46 Wash. 2d 477 · Washington Supreme Court · Apr 21, 1955

Metzger qualified as administrator of his estate and, as such, has been substituted as one of the appellants, by order of this court. For the purpose of this opinion, we shall refer to Richard B. … appellant merely informed him that delinquent taxes could be collected without notice, "and if necessary [the treasurer] may forthwith distrain sufficient goods and chattels to pay the same;" and appellant was not thereby clearly

In re the Personal Restraint of Stenson

142 Wash. 2d 710 · Washington Supreme Court · Jan 4, 2001

Although Neupert had been cocounsel on several homicide cases, he was not death-penalty qualified. Dep. of Neupert at 6, 16. At all times Neupert continued to represent Stenson. PRP, Attach. A at 1-2. … With respect to prejudice, if the Mak court declined to find the deficient performance in his case to be prejudicial *747 and judged it to be somewhere between clearly prejudicial and clearly not prejudicial, this court should

State v. Davis

111 P.3d 844 · Washington Supreme Court · May 31, 2005

testimonial by Crawford. 18 Cal.Rptr.3d at 776 (quoting Crawford, 541 U.S. at 53 n. 4, 124 S.Ct. 1354 ). ¶ 29 The Corella court further stated that it is difficult to perceive any circumstances *850 under which a statement qualifying … That interrogation would clearly have been testimonial under Crawford . ¶ 60 The majority focuses on the fact that the "911 call was part of an ongoing emergency situation." Majority at 850.

Maxwell v. Provident Mutual Life Insurance

180 Wash. 560 · Washington Supreme Court · Feb 11, 1935

The facts, which are as follows, clearly show that the money was conditionally paid by appellant to respondent for an extension of time of payment of two' installments of the principal; that such extension of time was not … “While it is true that a defendant is bound to bring forward and establish any defense to the plaintiff’s cause of action which he may have, or be debarred of urging it in any subsequent litigation, this does not always hold

In Re Detention of Petersen

980 P.2d 1204 · Washington Supreme Court · Jun 10, 1999

The trial court concluded the report established a basis, with sufficient factual specificity, to continue his confinement at SCC. … Clearly, there is a constitutional right to counsel in even civil proceedings where liberty is at stake. See, e.g., Tetro v.

State v. Stenson

940 P.2d 1239 · Washington Supreme Court · Jul 24, 1997

Our first inquiry is thus whether Faretta "clearly established" a rule of law regarding the timeliness of a request. … Grubb was a qualified expert.

State v. Buckman

Washington Supreme Court · Feb 1, 2018

Under a SSOSA, the court sentences a qualifying defendant to a term of confinement up to 12 months followed by a term of community custody, and imposes appropriate conditions such as undergoing appropriate sex offender … In sum, we have clearly and repeatedly established that the petitioner must show not only error, but also actual and substantial prejudice.

State v. Haynes

58 Wash. 2d 716 · Washington Supreme Court · Sep 14, 1961

It must establish its case, not by interrogation of the accused even under judicial safeguards, but by evidence independently secured through skillful investigation. … The ultimate test remains that which has been the only clearly established test in Anglo-American courts for two hundred years: the test of voluntariness.