Case law

State v. Wilson

9 Wash. 16 · Washington Supreme Court · May 25, 1894

Many authorities could be cited to establish this doctrine, but we do not deem it necessary to set them out here for the reason that under the most restricted system of pleading required by any of the text writers this information … That witness Kelly used the expression, “that such was the fact according to his best impression, ’ ’ was not objectionable, for the reason that such expression was so qualified by his other testimony as to show clearly that

State v. McKinnon

88 Wash. 2d 75 · Washington Supreme Court · Jan 7, 1977

And it is now clearly established that a minor, whether a public school student or not, is a person under our Constitution and entitled to its protections. … The effect of the present decision is to combine that qualified immunity with a "minimal standard" of reasonableness and an abandonment of the right to suppress evidence.

State v. Martin

101 Wash. 2d 713 · Washington Supreme Court · Jun 7, 1984

The appellate court said Teeter was shown to be well qualified, and that it was apparent from viewing the videotape that Lesha was in a deep trance and related the details of her being sodomized "with great difficulty and … It is this tendency toward immunization from meaningful cross examination in particular that leads us to conclude that a person, once hypnotized, should be barred from testifying concerning information recalled while under

Bock v. State Board of Pilotage Commissioners

91 Wash. 2d 94 · Washington Supreme Court · Nov 22, 1978

Thus it qualifies under the test adopted in Kirkland as a final decision within the meaning of RCW 34.04.130. … The Board is required by RCW 88.16.030 to establish qualifications of pilots, administer competitive examinations and issue licenses so as to ensure efficient and competent pilotage.

Halvorson v. Skagit County

983 P.2d 643 · Washington Supreme Court · Sep 10, 1999

to cause such flooding under the common enemy doctrine; and (3) it was immune from liability under RCW 86.12.037. [12] The trial judge excluded the County's immunity defense and its prescriptive easement and common enemy … Moreover, if a hybrid of eminent domain and tort were recognized, this court would be required to recognize the County's statutory immunity under RCW 86.12.037. [13] Such immunity is inapplicable only when the alleged violation

State Ex Rel. Haas v. Pomeroy

50 Wash. 2d 23 · Washington Supreme Court · Mar 14, 1957

an over-all plan and system to better and extend the then-existing waterworks system and for the issuance and payment of revenue bonds to provide funds therefor; No. 65877, passed in 1935, by which water regulations were established … The issue is succinctly and fairly stated by the appellant in his brief: *25 “It is clearly the law and the trial court and all counsel agree that if the grant to make such an ordinance as No. 84392 is to the legislative

In re the Detention of Marshall

156 Wash. 2d 150 · Washington Supreme Court · Dec 22, 2005

Accord In re Det. of Albrecht, 147 Wn.2d 1, 7-8 , 51 P.3d 73 (2002). ¶14 Proof of a recent overt act may be required to establish current dangerousness. … Phenix would be used only to prepare to testify in a lawsuit, and her opinion was therefore not admissible under ER 703. ¶26 The statutory definition of the practice of psychology is clearly broader than Mr.

State ex rel. Tonasket v. Cottrell

92 Wash. 2d 606 · Washington Supreme Court · Sep 20, 1979

This court promulgated JCrR 8.01 establishing the procedures for filing affidavits of prejudice and indicating those circumstances where such procedures are available. (a) Disqualification. … Our narrow reading of the uncodified section is buttressed by the fact that, where the legislature has intended to deny all rights to a change of venue, it has clearly done so.

In Re Brett

16 P.3d 601 · Washington Supreme Court · Jan 25, 2001

However, neither Dane nor Foister moved for the appointment of a qualified expert. Whatever testimony Dr. … Dane clearly suffers from bipolar disorder. In a note to counsel, Mr. Keyser diagnoses Mr. Dane, "at the very least, Bipolar II and possibly Bipolar I."

In Re Estate of Fleming

21 P.3d 281 · Washington Supreme Court · Apr 12, 2001

Paternity was never established. Fleming decided to give up her son for adoption. … In fact, the Legislature indicated so in RCW 26.33.130(2), stating: "[a]n order terminating the parent-child relationship divests the parent and the child of all legal rights, powers, privileges, immunities, duties, and obligations

State v. Alexus

91 Wash. 2d 492 · Washington Supreme Court · Jan 5, 1979

There it was announced that "unavailability as established under [subsection (f)] can be shown only if the prosecution demonstrates good faith and diligent efforts to obtain the availability of the defendant." … Within 17 days of the filing of the information and the issuance of the warrant for Alexus, he could have been found at the Clark County jail, a fact clearly indicated on the court's warrant information form.

Fell v. Spokane Transit Authority

128 Wash. 2d 618 · Washington Supreme Court · Feb 29, 1996

I, § 12 (privileges and immunities, and equal protection). The aim and purpose of the special privileges and immunities provision of Art. … STA is clearly considered a place of public accommodation as defined by RCW 49.60.040.” Br. of Resp’t at 9. We disagree. The statute speaks to places and facilities.

Fahey v. Shafer

98 Wash. 517 · Washington Supreme Court · Oct 17, 1917

The trial court committed no error in holding that, on the established facts, the occasion of the communications and the *524 relation of the parties to the subject-matter was such as to invoke the rule of qualified privilege … Respondents’ statements were clearly argumentative rather than direct and unqualified charges of false advertising. Taken as a whole, they were capable of no other construction.

Graff v. Geisel

39 Wash. 2d 131 · Washington Supreme Court · Aug 10, 1951

The Graffs did not qualify for the franchise. It was never transferred to them. … The fraud alleged by appellants has not been established by clear, cogent, and convincing evidence. Schulz v. Spokane United Rys., 16 Wn. (2d) 43, 47, 132 P. (2d) 366 .

Sedlacek v. Hillis

36 P.3d 1014 · Washington Supreme Court · Dec 20, 2001

Prior judicial decisions may also establish the relevant public policy. … Under the ADA, the term "discriminate" includes "excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known

State v. Lowenthal

183 Wash. 14 · Washington Supreme Court · Aug 12, 1935

In such cases, the jury, in the first instance, and the trial court, in the second, are peculiarly well qualified to determine the degree of credence to be given to the testimony. … The situation here presented is nowise analogous to one in which it clearly appears, either by the admission of such witness or overwhelming proof, that the chief witness for the prosecution had, after the trial, repudiated

In Re Lyons' Estate

175 Wash. 115 · Washington Supreme Court · Nov 10, 1933

Stockman was, in Alaska, duly and regularly appointed as administrator of the estate, qualified, and has been the qualified and acting administrator in Alaska at all times since. … There has since been no deviation, and that rule, as laid down in 1872 and thus reaffirmed in 1930, we consider to be the established law.

Lyft, Inc. v. City of Seattle

190 Wash. 2d 769 · Washington Supreme Court · May 31, 2018

In PAWS, we concluded the UTSA may qualify as a PRA "other statute" in some contexts. 125 Wn.2d at 262("Two state statutes [including the UTSA]qualify as 'other statutes' in the present context, although neither justifies … L/R's valuation of the public records at issue scarcely established a required valuation showing for trade secrets, and certainly falls short of establishing a putative valuation loss under a takings analysis.

Farnam v. Crista Ministries

116 Wash. 2d 659 · Washington Supreme Court · May 15, 1991

In late April, CRISTA established an ad hoc committee to develop a formal policy with regard to the withdrawal issue. The reports during Farnam's remaining tenure are disputed. … Under federal law, all of CRISTA's activities, including the nursing home, clearly would fall within the religious organization exemption.

State Ex Rel. Helm v. Kramer

82 Wash. 2d 307 · Washington Supreme Court · Jun 4, 1973

Schedule of Annual Salaries Executive Officials The procedure followed by the legislature for the ultimate adoption of this section was in conformity with the direction contained in RCW 43.03.028, which provides for the establishment … the words “support of the state government and its existing institutions” but only qualifies the words “preservation of the public peace, health or safety.”