Case law

State v. Thorne

129 Wash. 2d 736 · Washington Supreme Court · Aug 8, 1996

However, in this case we need not decide whether the part of the Initiative which concerns early release is beyond the scope of the ballot title because the part of the law which is involved in the case before us now is clearly … the state constitution than under the federal constitution, and, in any event, the right to equal protection under the law guaranteed by Amendment XIV, Section 1 of the United States Constitution and by the privileges and immunities

State Ex Rel. P.S.N. Co. v. Dept. Tr.

33 Wash. 2d 448 · Washington Supreme Court · May 13, 1949

It does not appear that technical experts, qualified to value appellant's operating properties, were employed. … Seering, the arbitrator, was the person best qualified to appraise the effects of his award upon appellant's payrolls, and clearly stated his opinion, as above set forth.

In re Pers. Restraint of Fero

Washington Supreme Court · Feb 1, 2018

It establishes through scientific evidence that Brynn probably experienced a prolonged lucid interval before losing consciousness. … What qualifies as a reasonable waiting period thus can depend largely on the facts of each case.

State v. Conte

154 P.3d 194 · Washington Supreme Court · Mar 15, 2007

Because they have not even addressed RCW 40.16.030, they clearly have not met their burden of establishing the unconstitutionality of the statute under which they were charged beyond a reasonable doubt. ¶ 47 Accordingly, … Because RCW 40.16.030 is neither civil nor remedial, it does not qualify as one of the intended "other remedies" cited by the statute. See United States v. Hansen, 249 U.S.App.

Dolan v. King County

172 Wash. 2d 299 · Washington Supreme Court · Oct 28, 2011

That is clearly contrary to the scheme laid out by the legislature and DRS. See RCW 41.40.010(12); WAC 415-02-110. … The easy answer in this case is that a contract exists to provide indigent criminal defense for the County under which employees do not qualify for enrollment in the Public Employees Retirement System (PERS) and are not state

In re Dependency of K.W.

504 P.3d 207 · Washington Supreme Court · Feb 17, 2022

The statutory scheme, which favors placement of dependent children with relatives, clearly reflects that legislative goal. Babcock v. … The court also erred in accepting the Department’s reasons for opposing relative 14 The court notes here that relative placements need not be exceptionally qualified under the statute.

In Re Detention of CW

53 P.3d 979 · Washington Supreme Court · Sep 12, 2002

In so holding, the court stated that the "applicable statutes clearly do not support such a result." Id. … I hasten to qualify, however, that while necessity may be the mother of invention, it is a poor relation to legality.

Bellevue John Does 1-11 v. BELLEVUE SCHOOL DIST.

189 P.3d 139 · Washington Supreme Court · Jul 31, 2008

The teachers' identities are clearly "personal information" because they relate to particular people. … We noted, "[e]mployee evaluations qualify as personal information that bears on the competence of the subject employees."

State v. Calloway

Washington Supreme Court · Mar 19, 2026

I would candidly acknowledge that our felony harassment statute does not clearly say that the State must prove at least recklessness to obtain a conviction. See RCW 9A.46.020. … But we have qualified that traditionally cited standard quite a bit: “As used in this context, ‘“beyond a reasonable doubt”’ is not an evidentiary standard but a reflection of “‘respect for the legislature.’” Sch.

In Re Detention of Brooks

36 P.3d 1034 · Washington Supreme Court · Dec 27, 2001

"Nevertheless, an amendment may be retroactively applied if the Legislature so intended or if the amendment is `clearly curative.'" Id. (citing Howell v. … However the proof so required is to establish a fact, not a probability. The majority claims this illusory standard passes constitutional muster under Kansas v.

Insurance Co. of North America v. Kueckelhan

70 Wash. 2d 822 · Washington Supreme Court · Mar 21, 1967

In 1913, an examining bureau, in the nature of an independent voluntary association, was established at the behest of and utilized by stock property insurers. … To qualify for a license a bureau shall: (1) Be owned in trust for the benefit of all the insurers regularly using its services, under a trust agreement approved by the Commissioner. (2) Make its services available without

Garfield Cty. Transp. Auth. v. State

Washington Supreme Court · Oct 15, 2020

The trial judge did find that the initiative violated the privileges and immunities clause of the state constitution by giving Kelley Blue Book a legislative privilege, but also that those provisions were severable. … We concluded that advertising was clearly germane and that policy changes were not separate subjects for purposes of article II, section 19. Id. at 659-60.

McNabb v. Department of Corrections

180 P.3d 1257 · Washington Supreme Court · Apr 10, 2008

McNabb breaks this promise. ¶ 88 Forced feeding clearly violates Mr. McNabb's article I, section 7 right to bodily integrity. As such it may be accomplished only under "authority of law." … An exception does not clearly apply nor did the DOC argue one. [7] United States v. Carolene Prods.

Pagni v. New York Life Insurance Co.

173 Wash. 322 · Washington Supreme Court · Jun 21, 1933

The facts are as follows, and clearly show that, in directing a verdict, the trial court erred, as there was evidence on behalf of the appellant upon an issue of fact determining the liability: In 1927, J. H. … The proof furnished and accepted, or the judgment establishing disability entitling the insured to the income payment, is not conclusive as to future income payments.”

Sova v. First Nat. Bk. of Ferndale

18 Wash. 2d 88 · Washington Supreme Court · May 28, 1943

It clearly appears that Shepherd had no interest whatever in the transaction, and was merely a figurehead. … Dawson was permitted to testify as a non-expert concerning respondent’s ability to understand a contract, and that the doctor was not qualified, from acquaintance with respondent and for other reasons, to give such testimony

Wash. Fed'n of State Emps., Council 28 v. State

534 P.3d 320 · Washington Supreme Court · Aug 24, 2023

To qualify for the exemption, the employee must provide proof of participation in the address confidentiality program (ACP), ch. 40.24 RCW, to their employer or provide a sworn statement renewable biannually and verified … frequently repeated crime is well established.”).

State v. Stenson

132 Wash. 2d 668 · Washington Supreme Court · Jul 24, 1997

So long as a jury is clearly told that the phenol test is only a presumptive test and may indicate a substance other than human blood, it is admissible under ER 702. … Grubb was a qualified expert.

Honore v. Washington State Board of Prison Terms & Paroles

77 Wash. 2d 660 · Washington Supreme Court · Feb 26, 1970

among its attributes those of either a criminal complaint, information, presentment of a grand jury, or bill of indictment, or to vest in the petitioner the powers of a state's attorney heretofore exclusively reserved to qualified … Second, its basic function is clearly that of reviewing errors in the administration of criminal justice.

In re Pers. Restraint of Ansell

1 Wash. 3d 882 · Washington Supreme Court · Aug 10, 2023

Here, the condition includes a definition of “sexually explicit materials,” listing specific acts, images, and scenarios, qualified by the requirement that the 10 … Restraint of Ansell No. 100753-1 The ISRB contends that RCW 9.94A.704 clearly outlines its authority to set community custody conditions, but that is not quite an accurate characterization of

State v. Stroud

106 Wash. 2d 144 · Washington Supreme Court · Jun 12, 1986

This was clearly to *151 be done on a case-by-case basis. … The court merely stated, "It is well established that officers have a right, as incident to a lawful arrest, to search the person arrested and the area where the arrest is made."