Case law

City of Blaine v. Suess

93 Wash. 2d 722 · Washington Supreme Court · Jun 12, 1980

RCW 46.61.506(5) provides: *725 (5) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition … But it seems unlikely to us that the statute requires knowledge of the location where a blood test is available, so long as the accused clearly communicates his desire for such an additional test.

State Ex Rel. Thielicke v. Superior Court

9 Wash. 2d 309 · Washington Supreme Court · Jun 27, 1941

The immunity is absolute, and, when consent is given, it may be qualified or conditional and may specify a particular court in which the permitted actions may be maintained. … It is a well-established rule of ancient origin that a general statute which tends to restrain or diminish rights and interests should not be construed to apply to the sovereign government unless the same be comprised therein

State v. Nolan

69 Wash. 2d 961 · Washington Supreme Court · Dec 15, 1966

We are here concerned then with the constitutional restraints (both federal and state) against unreasonable searches and seizures afforded to all in recognition of the fact that such immunity is essential to individual freedom … Here, the sum of the facts and circumstances which were within the knowledge of the arresting officers clearly establish probable cause.

State v. Weber

149 P.3d 646 · Washington Supreme Court · Dec 28, 2006

The questions were not clearly targeted at establishing that Weber was a gang member. … Id. ¶ 52 In this case, the prosecuting attorney's argument was clearly a response to defense counsel's argument.

Anthis v. Copland

173 Wash. 2d 752 · Washington Supreme Court · Feb 16, 2012

The reason of the law, i.e., the motive which led to the making of it, is one of the most certain means of establishing the true sense.” … The language of § 81-2032 is still clearly intended to protect benefits under the Act from legal process.”

McGee Guest Home, Inc. v. Department of Social & Health Services

142 Wash. 2d 316 · Washington Supreme Court · Nov 9, 2000

FACTS The plaintiffs in this action are among the larger (16 beds or more) CCFs that provided residential services to Medicaid-qualified mentally ill people. … Moreover, the Legislature clearly directed that the 1994 amendments apply to the establishment of rates such as those paid to the CCFs in this case.

McGee Guest Home v. Department of Social and Health Services

12 P.3d 144 · Washington Supreme Court · Nov 9, 2000

FACTS The plaintiffs in this action are among the larger (16 beds or more) CCFs that provided residential services to Medicaid-qualified mentally ill people. … Moreover, the Legislature clearly directed that the 1994 amendments apply to the establishment of rates such as those paid to the CCFs in this case.

State v. Hawkins

Washington Supreme Court · Oct 27, 2022

We hold that that vacatur statute clearly confers discretion on the trial court. But that discretion is not unlimited. … Make sure the applicant has a certificate of discharge After the trial court has established that the applicant has a qualifying felony, it must confirm that the applicant has a certificate of discharge

In re the Detention of Petersen

145 Wash. 2d 789 · Washington Supreme Court · Mar 21, 2002

In its order it did not restate that the burden to establish probable cause rested on Thorell. Instead, it concluded “the state has established the absence of probable cause to believe that Mr. … Thorell In Thorell’s case the trial court clearly erred when, in its 1999 order, it stated the burden of proof at the probable cause hearing rested on Thorell.

Reese v. Sears, Roebuck & Co.

107 Wash. 2d 563 · Washington Supreme Court · Jan 22, 1987

Unlike IIA actions, employment discrimination actions do not come within this "immunized area of tort law." … Iv As its final legal theory, Columbia contends that failed to establish the requisite prima facie case of handicap discrimination.

Fitch v. Applegate

24 Wash. 25 · Washington Supreme Court · Feb 9, 1901

The legislature may also deem it desirable to prescribe peculiar rules for the several occupations, and to establish distinctions in the rights, obligations, duties, and capacities of citizens. … giving a literal interpretation to the language used, and that, if it had been the intention of the legislature to have made an extraordinary provision, as this would be, if so construed, it would have used language more clearly

Roos v. Snohomish Regional Drug Task Force

166 Wash. 2d 834 · Washington Supreme Court · Sep 3, 2009

To qualify as an innocent owner, the claimant must establish that the “act or omission” leading to forfeiture was “committed or omitted without the owner’s knowledge or consent.” … This is not the standard established by the legislature. ¶52 The majority’s holding significantly alters the statute by allowing anyone who did not participate in the crime to automatically qualify as an innocent owner simply

State v. Guthrie

185 Wash. 464 · Washington Supreme Court · Mar 24, 1936

Further, the act of 1893 expressly authorizes the appointment of any qualified attorney resident of the state in eases where there is no qualified person resident of the county who will consent to act, and such condition … necessary to establish the essential elements of the charge which is being *482 prosecuted.

In re Citizen Complaint by Stout v. Felix

493 P.3d 1170 · Washington Supreme Court · Aug 26, 2021

Walker, The New Qualified Immunity, 89 S. CAL. L. REV. 1, 12 (2015)), cert. denied, 141 S. Ct. 110 (2020). … Felix, No. 98613-4 (Yu, J., concurring in result) right exists before examining whether it was clearly established” in the context of a qualified immunity analysis. Camreta v. Greene, 563 U.S. 692, 706, 131 S.

Alexander v. Highfill

18 Wash. 2d 733 · Washington Supreme Court · Jul 30, 1943

She qualified as such and notice to creditors was duly published, commencing December 18, 1941. … It must be presumed that the Legislature intended to depart' from the old law, which, in this instance, clearly and plainly required the election of aldermen by the qualified voters in their respective wards.

Ivan's Tire Service Store, Inc. v. Goodyear Tire & Rubber Co.

86 Wash. 2d 513 · Washington Supreme Court · Feb 19, 1976

RCW 19.90.040 was clearly violated by the operations of the company store. … Of course, anti-competitive activities which do not constitute unfair competition are not immunized from the law by that fact.

Imaging Services v. State Dept. of Revenue

252 P.3d 885 · Washington Supreme Court · May 19, 2011

Washington Imaging's payments to Overlake do not qualify for pass-through treatment because Washington Imaging does not make the payments on behalf of the patients as their agent. … The Court of Appeals said that the findings were "clearly supported by the stipulated facts." Id. at 45 , 947 P.2d 784 .

Compton v. Schwabacher Bros. & Co.

15 Wash. 306 · Washington Supreme Court · Sep 30, 1896

It is urged by appellant that this established the validity of its attachment, and that the lower court was without jurisdiction in this cause to interfere therewith. We are unable to agree with this claim. … It clearly appears that the question of the insolvency of the defendant in attachment was not made a ground for dissolution in the motion already referred to.

In Re the Guardianship of Hayes

93 Wash. 2d 228 · Washington Supreme Court · Mar 27, 1980

See generally Note, Judicial Immunity, 11 Ind. L. Rev. 489 (1978). … While this statute did not authorize sterilizations, it was clearly based on eugenic principles.

State v. Levy

132 P.3d 1076 · Washington Supreme Court · Apr 13, 2006

Has Levy established a manifest constitutional error? ¶ 13 Levy did not assert that the error was a manifest constitutional error in his petition for review. … The question of whether it was a school was also a threshold issue that had to be established for there to be any crime at all. Id.