Case law

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.

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”).

Blackburn v. Safeco Insurance Co.

115 Wash. 2d 82 · Washington Supreme Court · Aug 2, 1990

The fact that a victim might receive benefits from his own UIM policy is no justification for denying him the benefits of other UIM policies under which he would otherwise qualify. … First, he asserted his claim only after establishing that his tortfeasor had insufficient liability insurance.

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.

Piel v. City of Federal Way

Washington Supreme Court · Jun 27, 2013

Also, we articulated the requisite showing a plaintiff must make in order to establish jeopardy: To establish jeopardy, plaintiffs must show they engaged in particular conduct, and the conduct directly relates … This court has clearly acknowledged that some statutory schemes will adequately protect the public policy they embody and therefore will 16 Pie! v.

State v. Meredith

Washington Supreme Court · Mar 16, 2023

Meredith’s encounter with Deputy Dalton occurred on a transit bus—clearly a public setting. O’Neill, 148 Wn.2d at 579; cf. Dozier, 220 A.3d at 942. … But I disagree that the facts before us establish such a seizure.

Bradburn v. NORTH CENT. REGIONAL LIBRARY

231 P.3d 166 · Washington Supreme Court · May 6, 2010

The District's director is responsible for establishing procedures to carry out this policy. … Article IX, section 1 establishes education as the State's highest priority.

Power v. Utilities & Transp. Comm'n

104 Wash. 2d 798 · Washington Supreme Court · Dec 12, 1985

Finally, there are those who simply have adopted the adversarial, "us against them" perspective, which our system clearly entitles them to do. … The period involved here is clearly not what is intended to be a test period and insertion of these costs into this part of the formula does not serve as a guide to future expenses.

In Re the Marriage of Hadley

88 Wash. 2d 649 · Washington Supreme Court · Jun 9, 1977

Hadley didn't have that information, how much less qualified was Mrs. Hadley to make an informed decision. … The usual methods of establishing fair market value were not used.

State v. O'CONNELL

83 Wash. 2d 797 · Washington Supreme Court · Jun 13, 1974

A litigation fund was established, to be administered by the steering committee. … The legislature in removing the immunity of the State and its subdivisions from tort liability (see RCW 4.92.090, Kelso v.

Citizen Action Def. Fund v. Off. of Fin. Mgmt.

Washington Supreme Court · Jun 26, 2025

The superior court found OFM had established that the records satisfied three of the four factors this court articulated for the application of the exemption in PAWS, 4 but that the exemption is “time limited” and no longer … however, stated that to determine whether the deliberative process exemption applies, the court must consider how the lists were made and their function: We must determine in this case whether the lists qualify

In re Disciplinary Proc. Against Ruzumna

Washington Supreme Court · Apr 9, 2026

To receive the discounted rate, King County employees can either (1) pay at a pay station that verifies their employment status or (2) show their badge or some other qualifying proof to the parking attendant at the booth … This court found that his conduct “clearly exhibit[ed] a pattern of dishonest behavior unbecoming of a judge.” Anderson, 138 Wn.2d at 857.

State v. Moses

79 Wash. 2d 104 · Washington Supreme Court · Apr 15, 1971

The policy of the United States to extinguish Indian rights in the Oregon Territory by negotiation rather than by conquest was firmly established in the Act of August 14, 1848 ( 9 Stat. 323 ) which established the Oregon … In other words, the “right” to fish outside the reservation was a treaty “right” that could not be qualified or conditioned by the State.

State v. Schierman

Washington Supreme Court · Apr 12, 2018

McClung's testimony clearly satisfied that standard. While Dr. … 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.

In re Adoption of T.A.W.

Washington Supreme Court · Oct 27, 2016

Congress and our legislature took great care to qualify several different parties as "Indian." … This is so because (1) T.A.W. is an Indian child and (2) the termination proceedings clearly met the definition of "child custody proceeding."

In Re the Disciplinary Proceeding Against McGlothlen

99 Wash. 2d 515 · Washington Supreme Court · May 12, 1983

"Where a relation of confidence is once established, either some positive act or some complete case of abandonment must be shown in order to determine it. … This was unnecessary, as he could have simply qualified Eileen Ward as a nonresident executrix and appointed himself or Woodall as her statutory agent to represent the estate.

State v. Aiken

72 Wash. 2d 306 · Washington Supreme Court · Oct 26, 1967

Defendants still to be tried at that time would be entitled to strict observance of constitutional doctrines already clearly foreshadowed. … He spoke clearly and he appeared to be upset or angry with the defendant Wheat; d.

State v. Irizarry

111 Wash. 2d 591 · Washington Supreme Court · Oct 27, 1988

Behav. 31 , 74 (1984) ("As the controlled simulations become more realistic, the differences between death-qualified and excludable jurors becomes more pronounced."). … Clearly, intentional second degree murder and second degree felony murder are intimately connected and thus are related offenses within the above definition.... ...

State v. Smith

Washington Supreme Court · Nov 22, 2017

In the privacy act, "[t]he legislature intended to No. 93923-3 establish protections for individuals' privacy and to require suppression of recordings of even conversations relating to unlawful matters if the recordings … Specifically, the State asserts that the content ofthe recording qualifies as neither a conversation nor private.

Matter of Personal Restraint of Rice

118 Wash. 2d 876 · Washington Supreme Court · May 7, 1992

Muscatel was fully qualified to evaluate Rice and offer an opinion on his psychiatric condition, however. In fact, the prosecution relied on Dr. Muscatel's testimony in its closing argument. … Harris's diagnosis demonstrates even more clearly than before that Rice did not have effective assistance of counsel at trial. This requires reversal of Rice's sentence.