Case law

Stalter v. State

86 P.3d 1159 · Washington Supreme Court · Mar 18, 2004

In our view, the jail's policies are ambiguous in that they do not clearly require booking officers to make a determination of every detainee's actual identity. … These policies are, therefore, insufficient to support a duty on jail personnel to establish every detainee's true identity.

State v. J-R Distributors, Inc.

82 Wash. 2d 584 · Washington Supreme Court · Jul 27, 1973

Jarvis is a licensed medical doctor and a qualified specialist in psychiatry. … Clearly, the text is a mere vehicle to exhibit the pictures.

Swinomish Indian Tribal Community v. Western Washington Growth Management Hearings Board

161 Wash. 2d 415 · Washington Supreme Court · Sep 13, 2007

RCW 36.70A.020. ¶11 The lack of priority in the planning goals becomes especially problematic when local governments are faced with land that qualifies as both agricultural land and as a critical area (for example, a parcel … The “No Harm” Standard ¶14 Riparian farmland in Skagit County qualifies as both “agricultural land” and “critical areas” under the GMA. See RCW 36.70A.030(2), (5).

Joyce v. State, Dept. of Corrections

119 P.3d 825 · Washington Supreme Court · Sep 15, 2005

Another case is not relevant to our analysis because it determined whether a state agent had qualified immunity from suit, not whether a duty existed. See Savage v. … State, 127 Wash.2d 434 , 899 P.2d 1270 (1995) (holding that even though a parole officer may enjoy qualified immunity, it did not extend to the government). [3] We respectfully disagree with the concurrence/dissent's characterization

State Ex Rel. LaMon v. Town of Westport

73 Wash. 2d 255 · Washington Supreme Court · Mar 5, 1968

Appellants contend that respondent failed to prove an essential element of his case in that it was not established by competent evidence that LaMon and Harshberger were legal voters of the town of Westport. … This is so even though the affiant was clearly subject to the motion to dismiss him from the cause on the grounds urged and relied upon.

Wheeler v. Washington State Board against Discrimination

71 Wash. 2d 245 · Washington Supreme Court · May 15, 1967

That case is clearly distinguishable. … The immunity herein provided shall extend only to natural persons so compelled to testify.” RCW 49.60.150.

Chong Yim v. City of Seattle

451 P.3d 675 · Washington Supreme Court · Nov 14, 2019

The first qualified applicant has 48 hours in which to accept the offer of tenancy. Id. … The answer is clearly yes.

Smith v. Bates Technical College

991 P.2d 1135 · Washington Supreme Court · Jan 27, 2000

Prior judicial decisions may also establish the public policy. Thompson, 102 *1143 Wash.2d at 232, 685 P.2d 1081 . … The court will not intervene and administrative remedies must be exhausted when: (1) a claim is cognizable in the first instance by an agency alone; (2) the agency has clearly established mechanisms for the resolution of

In Re Welfare of Sego

82 Wash. 2d 736 · Washington Supreme Court · Aug 30, 1973

Further, there was evidence that he might soon qualify for minimum security status which could, if granted, enable him to visit his children from time to time, outside the prison. … Hunter of the penitentiary, that this man was capable of establishing a stable home for the children upon his release from the penitentiary.

In re the Detention of Turay

139 Wash. 2d 379 · Washington Supreme Court · Oct 21, 1999

If the reciprocal proposition is factually established, i.e., actual confinement under punitive conditions, the statute as applied to that individual imposes double jeopardy because it punishes once again for a crime previously … The majority states, “a long line of Washington cases establishes that the two clauses have the same impact.” Majority at 412. I disagree.

Rouse v. Peoples Leasing Company

96 Wash. 2d 722 · Washington Supreme Court · Jan 14, 1982

The trial court, basing its opinion on the 2-hypotheses theory, held that, because the parties clearly intended the transaction to be a lease, it must magically be turned into one. … From the standpoint of the lessee, it clearly qualifies as a lease. It has all of the traditional elements of a lease.

Collins v. Hoffman

74 Wash. 264 · Washington Supreme Court · Jul 8, 1913

At the first trial, the foregoing facts were established. … The law of the case was clearly settled by our former decision.

Little Bill v. Swanson

64 Wash. 650 · Washington Supreme Court · Aug 25, 1911

Clearly he is barred by the statutes of limitations. Rem. & Bal. Code, §§ 156, 786, 788. … Ward, 56 Kan *665 sas 550, they would lose thi® immunity when their relations with their tribe were dissolved by accepting allotments of lands in severalty.”

Nelson v. Mueller

85 Wash. 2d 234 · Washington Supreme Court · Mar 27, 1975

Sanai thoroughly examined the plaintiff with hopes that he might qualify as a candidate for a procedure known as electrocardioversion (a procedure which attempts to return the heart to normal rhythm). … The record in this case clearly demonstrates that any error committed by the giving of the above instruction was inconsequential since all of the expert medical testimony, without exception, did establish that there was a

State Ex Rel. Carroll v. King County

78 Wash. 2d 452 · Washington Supreme Court · Sep 24, 1970

Such proposed charter shall be submitted to the qualified electors of said county, and if a majority of such qualified electors voting thereon ratify the same, it shall become the charter of said county and shall become the … The import of this language is clearly that the voters may adopt such charter provisions as they see fit regarding elections. The respondent relies heavily upon this court’s opinion in Plummer v.

Cooper v. Department of Labor & Industries

195 Wash. 315 · Washington Supreme Court · Jun 29, 1938

A number of assignments of error are set forth, but they present only two questions: First, whether the evidence offered on behalf of appellant is sufficient to establish the fact that decedent died as a result of the injury … One testified that the cause of decedent’s death was traumatic pneumonia, but subsequently upon cross-examination he qualified this statement by pointing out that it is possible for a person who did not examine decedent during

Gaylord v. Tacoma School District No. 10

85 Wash. 2d 348 · Washington Supreme Court · May 15, 1975

In the final analysis, the district must establish its case by a preponderance of the evidence. RCW 28A.58.450. … The foregoing testimony of qualified certificated educators clearly supports the trial court's conclusion that the school board acted properly in dismissing the appellant from the Tacoma school system.

Gwinn v. Church of the Nazarene

66 Wash. 2d 838 · Washington Supreme Court · Sep 9, 1965

It seems to be the position of the executor that he is immune from an order of distribution because of his nonintervention powers. … A nonintervention executor is not immune from a duty to distribute the estate according to the provisions of the will. See RCW 11.68.010.

County of King v. Ferry

19 L.R.A. 500 · Washington Supreme Court · Jan 20, 1893

It does not definitely appear from the opinion in that case whether the blank had been filled before or after the delivery of the bond, but it can be pretty clearly ascertained from a review of the authorities by the court … significance when applied to the officers of private corporations, it can have none here,0 for the law provides when the officer elect shall qualify, and if he does not qualify within the time prescribed the commissioners

Moen v. Hanson

85 Wash. 2d 597 · Washington Supreme Court · Jul 3, 1975

Clearly a parent’s bereavement does not depend upon whether or not the child survives to full term. … Mental anguish and grief at bereavement are clearly experienced by the parent whether or not a viable fetus survives to full term.