Case law

State v. Catling

193 Wash. 2d 252 · Washington Supreme Court · Apr 18, 2019

Accordingly, on remand, the trial court is directed to revise the judgment and sentence to eliminate such interest on any qualifying remaining LFOs. … Catling qualified for disability income more than 10 years ago and, given his medical condition, will likely remain on it for the rest of his life.

PHOENIX DEVELOPMENT, INC. v. City of Woodinville

171 Wash. 2d 820 · Washington Supreme Court · Jun 16, 2011

The superior court dismissed the petition, holding that Phoenix failed to establish compliance with any of the six standards set out in RCW 36.70C.130(1). … The City’s conclusion is not a clearly erroneous application of the law ¶31 A finding is clearly erroneous under RCW 36.70C-.130(l)(d) when, although there is evidence to support it, the reviewing court on the entire evidence

McNair v. Ostrander

1 Wash. 110 · Washington Supreme Court · Feb 13, 1890

On the other hand, § 93, which is the first of the sections providing specifically for the manner of levying these special taxes (chapter 8), enacts that whenever the city council deems it expedient “ to establish or order … The last clause of the section, which seems to qualify all that precedes it, gives to owners of abutting property the right to petition for such “ improvement,” and requires a two-thirds vote of the council to order it, in

State v. Jones

84 Wash. 2d 823 · Washington Supreme Court · Dec 26, 1974

This court said: The question before us is whether we, as the majority of jurisdictions, should refuse to extend absolute immunity from criminal responsibility to persons who, although capable of understanding the nature … expressly recognizes that right in RCW 10.77.030-.040, providing that evidence of mental disease or defect is admissible only if the defendant gives notice of his intention to rely upon that defense, that the defendant must establish

Faasch v. Karney

145 Wash. 390 · Washington Supreme Court · Oct 26, 1927

The court proceeded in a very careful manner to select two competent, qualified, disinterested physicians for that purpose. … In our opinion, it clearly preponderates in favor of the findings, which in turn support the judgment. In treating Mrs. Faasch, the appellant performed two surgical operations that were similar.

Osborn v. Mason County

157 Wash. 2d 18 · Washington Supreme Court · May 18, 2006

The majority holds that the State is immunized from liability unless the injured person, or someone “in privity” with the injured person, relies on the State’s promises. Majority at 26. … The “anyone else,” in context, was clearly Dr.

State v. Hicks

163 Wash. 2d 477 · Washington Supreme Court · Apr 24, 2008

The Trial Court’s Denial of the Batson Challenge Was Not Clearly Erroneous 1. … that “ ‘a consistent pattern of official racial discrimination’ is not ‘a necessary predicate to a violation of the Equal Protection Clause’ ” and that “ ‘[a] single invidiously discriminatory governmental act’ is not ‘immunized

Pierce County v. King

48 Wash. 2d 43 · Washington Supreme Court · Dec 1, 1955

This testimony sufficiently established the value of the furniture to warrant reception of the evidence in question. … However, the court had not permitted him to testify as to these studies, because he had not been qualified as an expert on that subject.

In Re the Estate of Calvin

188 Wash. 283 · Washington Supreme Court · Nov 17, 1936

Evanson was appointed, and thereafter duly qualified, as administrator. The estate, consisting of real and personal property, was appraised at a value of $3,036.19. … and distinctly proved by at least two witnesses, and when any such will shall be so established, the provisions thereof shall be distinctly stated in the judgment establishing it, and such judgment shall be recorded as wills

Witters v. Commission for the Blind

102 Wash. 2d 624 · Washington Supreme Court · Oct 4, 1984

Appellant Witters meets the medical and physical eligibility requirements for status as a legally blind person, qualifying him to receive vocational assistance pursuant to RCW 74.16. … The State clearly has an interest in assisting the visually handicapped.

Gamble v. Dawson

67 Wash. 72 · Washington Supreme Court · Jan 29, 1912

Appellant is a duly appointed, qualified, and acting administrator of the estate of James Dawson, deceased, in the state of Washington, appointed by the superior court of Spokane county. … The same authority mentioned above, in § 363, says: “It is a well established principle of law that shares of stock may, for certain purposes, have a situs at two separate places at the same time.

McLean v. Roller

33 Wash. 166 · Washington Supreme Court · Oct 8, 1903

The facts above stated were found by the trial court, and are accepted by both parties as established facts in the cause. … Code, § 248) provides that ‘every duly qualified notary public is authorized in any county *169 in this state ... to take depositions and affidavits and administer all oaths required by law to be administered;’ and, in our

Kennedy v. Pemberton

185 Wash. 61 · Washington Supreme Court · Jan 3, 1936

This statute is precise in its choice and use of terms, and expresses the intention of the legislature as clearly and definitely as words can express it. … The bond of the Constitution qualifies their jurisdiction. This is the principle which underlies the decisions cited by respondents.

State v. LG Electronics, Inc.

186 Wash. 2d 1 · Washington Supreme Court · Jul 14, 2016

Id. ¶21 Here, although consumers may benefit from restitution, the legislature clearly intended for the attorney general’s enforcement under .080 to benefit the public generally. … In considering state claims brought for violations of the Sherman Act, post- Frito-Lay, the Ninth Circuit concluded it is well established [t]hat a state as parens patriae may sue to redress a violation of the antitrust laws

Graves v. Dunlap

87 Wash. 648 · Washington Supreme Court · Nov 5, 1915

The purpose of this action was to establish the plaintiff’s ownership and right to possession of certain game animals and birds, and to restrain the defendants, the game warden, and the prosecuting attorney of Spokane county … It is a rule of construction that a statute will not be given a retroactive effect unless by its terms it is shown clearly that that was the legislative intent. State ex rel. American Sav. Union v.

In Re Personal Restraint of Hutchinson

53 P.3d 17 · Washington Supreme Court · Aug 29, 2002

Because a state immunity law actually deprived the witnesses of that privilege, the witnesses were subsequently prosecuted for contempt. … Hutchinson has failed to carry his burden of establishing that the "constitutional error[s] worked to his `actual and substantial prejudice.'" In re Pers. Restraint of St.

Merges v. Adams

137 Wash. 208 · Washington Supreme Court · Jan 8, 1926

treatise on the law of Real Property in Conveyancing, says: “ ‘The first requisite of an adequate description is that the land shall be identified with reasonable cer *212 tainty, but tbe degree of certainty required is always qualified … It clearly appears that appellants jointly occupied a suite of offices with a common entrance; that the notice was mailed to and received at that office ; that, while it was outwardly addressed to but one, the other acted

Megrath v. Nickerson

24 Wash. 235 · Washington Supreme Court · Mar 11, 1901

the term of years necessary to establish the right; and we cited Shellhouse v. … So far as the question of establishment of the road by the county commissioners is concerned, we are clearly of the opinion that no legal road was established across appellant’s premises.

Dunn v. Peterson

4 Wash. 170 · Washington Supreme Court · Apr 18, 1892

Sec. 956, Code of Procedure, is as follows: “Every executor or administrator shall, after having qualified by giving bond, as hereinbefore provided, have a right to the immediate possession of all the real as well as personal … And if construed as it reads would seem to clearly establish the right of the administrator to the possession of the real estate, until the estate shall have been settled or de *173 livered over by order of the court.

State Ex Rel. Bentley v. Frenger

158 Wash. 683 · Washington Supreme Court · Oct 2, 1930

These, we think, are all of the facts of this controversy necessary to be here noticed, and are either undisputed or clearly established by the evidence. … These considerations clearly establish the right of Frenger to be adjudged the father of the child.