Case law

State v. Muhammad

451 P.3d 1060 · Washington Supreme Court · Nov 7, 2019

The crime and degrees of rape are established in chapter 9A.32 RCW. … First of all, the police were clearly not concerned with Muhammad escaping.

Coppo v. Van Wieringen

36 Wash. 2d 120 · Washington Supreme Court · Apr 6, 1950

W. 194 : “The judge before whom the cause was tried heard the testimony, observed the appearance and bearing of the witnesses and their manner of testifying, and was much better qualified to pass upon the credibility and … exclusive ground and reason that the verdict of the jury in the sum of $200 rendered in favor of the plaintiffs is inadequate.’ ” This court said: “The trial court was, of course, thoroughly familiar with the case, and clearly

State v. James

36 Wash. 2d 882 · Washington Supreme Court · Aug 1, 1950

concerning his present or past membership in the Communist party; (14) upon the trial court’s refusal to instruct the jury in accordance with appellant’s proposed instructions “on the privilege against self-incrimination and immunity … Subdivision 5 reads as follows: “Each error relied on shall be clearly pointed out and discussed under appropriate designated headings.

State v. Collicott

112 Wash. 2d 399 · Washington Supreme Court · Apr 27, 1989

During commission of each of the crimes in Counts I, II, and III, I was armed with a kitchen knife which qualifies as a deadly weapon under 9.94A.125. … Dunaway established that crimes involving multiple victims are treated separately. Dunaway, at 215.

In Re Personal Restraint of Stenson

16 P.3d 1 · Washington Supreme Court · Jan 4, 2001

Although Neupert had been co-counsel 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. … Without more from Petitioner, deficient performance cannot be established here unless a lapse in the handling of evidence has been shown.

Eisenbach v. Hatfield

12 L.R.A. 632 · Washington Supreme Court · Mar 12, 1891

In its most clearly cut decision, Yates v. … On the contrary, he attacks it boldly, characterizing the language of it as “mere dictum,” and declares the principle established by it as “wholly uusustained by any authority.”

State v. Fernandez-Medina

6 P.3d 1150 · Washington Supreme Court · Aug 24, 2000

Tamalini, 134 Wash.2d 725 , 953 P.2d 450 (1998), discuss both concepts clearly. … I can agree with the majority that even in an inferior degree case, a defense which merely negates intent, such as self-defense, should not be a reason to deny an otherwise qualifying inferior degree offense.

State v. Lord

117 Wash. 2d 829 · Washington Supreme Court · Feb 7, 1992

Here, while the admitted photographs can be considered gruesome, the trial judge clearly was aware of her need to exercise discretion. … In sum, the prejudicial effect of the challenged testimony was minimal, and was clearly outweighed by the probative value of the rebuttal evidence.

State v. Lynch

Washington Supreme Court · Sep 19, 2013

If you find that the defendant has established this defense, it will be your duty to return a verdict of not guilty. Clerk's Papers at 66. … Consent should not be so qualified as to make additional injury to the victim a necessity for conviction. !d.

State v. Bradley

10 P.3d 358 · Washington Supreme Court · Sep 28, 2000

It exalts the unlawful use of force by agents of the state at the expense of the victim, while immunizing the threat of excessive force. … 135 Wash.2d 863, 884-85 , 959 P.2d 1061 (1998), cert. denied, 525 U.S. 1157 , 119 S.Ct. 1065 , 143 L.Ed.2d 69 (1999), in which a deficient jury instruction was upheld only because it was cured by another instruction which clearly

In re Recall of Fortney

196 Wash. 2d 766 · Washington Supreme Court · Jan 14, 2021

A recall petition is factually sufficient if the facts establish a case of misfeasance, malfeasance, or violation of the oath of office. Wasson, 149 Wn.2d at 791 (citing Cole v. … McDonald, 41 Wn.2d 889, 892-93, 252 P.2d 577 (1953) (“appoint[ing] a water commissioner who was not qualified or able to discharge the duties of that office”); Bocek v.

In Re the Guardianship of Grant

109 Wash. 2d 545 · Washington Supreme Court · Jul 15, 1988

It is now well established that this right extends to persons who are in an irreversibly comatose or persistent vegetative state, with no reasonable chance of returning to a sapient state. … Modern medical authority clearly dictates, however, that no distinction should be made between withdrawing medical treatment and prospectively withholding such treatment in the first instance.

State v. Arlene's Flowers, Inc.

441 P.3d 1203 · Washington Supreme Court · Jun 6, 2019

See LAWS OF 1998, ch. 1, § 2 ("It is the intent of the legislature ... to establish public policy against same-sex marriage in statutory law that clearly and definitively declares same-sex … Ed. 1213 (1940), provides that "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof."

United Union Brewing Co. v. Beck

200 Wash. 474 · Washington Supreme Court · Sep 13, 1939

F. of L., as provided by its constitution, is the establishment of trade unions based upon a strict recognition of the autonomy of each trade and the promotion and advancement of such bodies. … We clearly recognize the fact that the stockholders of the appellant corporation are members of one of the two rival labor organizations.

In re Pers. Restraint of Colbert

Washington Supreme Court · Sep 29, 2016

This defense must be established by a preponderance ofthe evidence. … But W.R. also clearly contains a holding on legislative intent.

EQUIPTO DIV. AURORA EQUIP. v. Yarmouth

134 Wash. 2d 356 · Washington Supreme Court · Feb 5, 1998

The court held "[t]he wording of ORS 60.054 and the drafters' comments clearly indicate that the test for imposition of personal liability is one of actual knowledge." Id. In Harris v. … Statutes and case law establish that where no corporation exists, no immunity is available. The majority errs in applying and analyzing a statutory section which is inapplicable to the facts of this case.

State v. Lee

Washington Supreme Court · Jan 15, 2026

You are allowed to take notes to assist you in remembering clearly, not to substitute for your memory. … We determined that the trial court’s statement “I think the chain of evidence has been established” was not a comment on the evidence.

State v. Hansen

122 Wash. 2d 712 · Washington Supreme Court · Nov 18, 1993

The elements are established by Hansen's statement to Youtz that he was going to "get a gun and blow [the judge] away." … The Court of Appeals there stated: *722 Clearly, Hansen's threat was motivated by his belief that, "in discharging his official role as a judge", Judge Dixon was a participant in the wrong inflicted upon him.

State v. Lynch

178 Wash. 2d 487 · Washington Supreme Court · Sep 19, 2013

Consent should not be so qualified as to make additional injury to the victim a necessity for conviction. Id. … App. 674, 683 , 323 N.W.2d 508 (1982) (“to prove force or coercion as those terms are defined in the statute is to establish that the victim did not consent”).

In Re Elmore

172 P.3d 335 · Washington Supreme Court · Nov 21, 2007

Elmore has failed to establish that he is under an unlawful restraint and deny his petition for relief. … Cross, 156 Wash.2d at 624 , 132 P.3d 80 . [1] All three experts were deemed "duty qualified" and credible by the trial court. FOF at 5.