Case law

State v. Klinker

85 Wash. 2d 509 · Washington Supreme Court · Jun 12, 1975

Nor does the fact that the intrusion on respondent Klinker's liberty was relatively slight immunize it from scrutiny under the Fourth Amendment. … In other words, if the subject qualifies, then the exception is applicable to all individuals who come within the confines of its application.

Brower v. Wells

103 Wash. 2d 96 · Washington Supreme Court · Nov 6, 1984

The Court said that a rule of no immunity for cities acts as a deterrent in preventing future constitutional violations. … It clearly establishes an "alternative procedure" which "may" be used "in lieu of" the procedures outlined in RCW 35.50.010 et seq. [3] 42 U.S.C. § 1983 provides: "Every person who, under color of any statute, ordinance,

Nelson v. City of Seattle

64 Wash. 2d 862 · Washington Supreme Court · Aug 27, 1964

A comprehensive plan for the development of the city, and one which would apparently qualify under the statute, was forwarded to the City Council by the Planning Commission in 1957. … Such language is clearly permissive rather than mandatory legislation. See: 35 Wash. L. Rev. 551 , 552.

In Re Albrecht

51 P.3d 73 · Washington Supreme Court · Aug 1, 2002

The legislative findings clearly expressed a concern that the involuntary commitment statute, chapter 71.05 RCW, was inadequate to deal with sexually violent predators precisely because prisoners have no opportunity to commit … Had Albrecht been in custody for drinking in public, for example, the necessary link to the underlying sexually violent offense probably would have been insufficient to establish current dangerousness.

State ex rel. Fairbanks v. Superior Court

17 Wash. 12 · Washington Supreme Court · Apr 12, 1897

At the trial plaintiff’s complaint was amended so as to state clearly that plaintiff was in possession under color *15 of right of the office, and the prayer of the complaint was that plaintiff be protected in such possession … The plaintiff was in the council with this certificate, and was thus prima facie a member of the council, having taken the oath of office and duly qualified to exercise its duties. People v.

Black Ball Freight Service, Inc. v. Washington Utilities & Transportation Commission

74 Wash. 2d 871 · Washington Supreme Court · Nov 21, 1968

For the language quoted above, the 1963 amendment substituted the following: A permit or extension thereof shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by … The cases clearly state *875 that adequacy of existing service is only one element to be considered in the determination of public convenience and necessity.

PICS v. Seattle School Dist. No. 1

72 P.3d 151 · Washington Supreme Court · Jun 26, 2003

Affirmative action programs which advance a less qualified applicant over a more qualified applicant are now impermissible under Washington law. … The School District argues that RCW 49.60.400 should be understood only to bar programs that promote a less qualified applicant over a more qualified applicant.

Trummel v. Mitchell

156 Wash. 2d 653 · Washington Supreme Court · Mar 30, 2006

The evidence relied upon by the trial court clearly establishes that Mitchell’s petition is based on the harassing conduct exhibited by Trammel to Mitchell and Council House staff and residents, not based on complaints to … RCW 4.24.510 provides in relevant part: Communication to government agency or self-regulatory organization — Immunity from civil liability.

State v. Cauthron

120 Wash. 2d 879 · Washington Supreme Court · Feb 25, 1993

Cotton was amply qualified as an expert; as discussed above, the opinion is based on an accepted scientific theory; and, clearly, this evidence was helpful to the jury. … and (3) Is the sentence clearly excessive? State v. Dunaway, 109 Wn.2d 207, 218 , 743 P.2d 1237 , 749 P.2d 160 (1987). The standard of review for the trial court's factual findings is clearly erroneous. State v.

State v. Saintcalle

178 Wash. 2d 34 · Washington Supreme Court · Aug 1, 2013

. *43 ¶15 As part of the “purposeful discrimination” analysis, the Supreme Court has established a comparative juror analysis. … Id. at 221-22 . ¶19 Swain did little to curb racial discrimination, establishing a “crippling burden of proof” and leaving peremp *44 tory challenges “largely immune from constitutional scrutiny.”

Riblet v. Spokane-Portland Cement Co.

41 Wash. 2d 249 · Washington Supreme Court · Oct 2, 1952

In 1910, the cement company established a plant at Irvin, Washington, in the Spokane valley, about eleven miles east of Spokane. … Forbearance from suit on the part of the Riblets might possibly be inferred, but it cannot be said *257 that such was clearly indicated.

State v. Jones

57 Wash. 2d 701 · Washington Supreme Court · Feb 16, 1961

Even where the death penalty has been imposed, if the claimed errors were clearly established, a reversal of the conviction and the removal of the status of convicted felon might conceivably make the prosecution of an appeal … It appearing to this court that the appellant is at this time not competent to proceed with his appeal, all proceed *705 ings herein are stayed until his competency to so proceed is restored, or someone appointed and qualified

Matter of Marriage of Brown

98 Wash. 2d 46 · Washington Supreme Court · Nov 10, 1982

In Washington unappealed property settlements are immune from modification. Thompson v. Thompson, 82 Wn.2d 352 , 510 P.2d 827 (1973). RCW 26.09.170. Ordinarily, this would be the end of the litigation. … may have relied ... or by deciding an issue of first impression whose resolution was not clearly foreshadowed . . .

Trummel v. Mitchell

131 P.3d 305 · Washington Supreme Court · Mar 30, 2006

The evidence relied upon by the trial court clearly establishes that Mitchell's petition is based on the harassing conduct exhibited by Trummel to Mitchell and Council House staff and residents, not based on complaints to … Id. at 9. [11] RCW 4.24.510 provides in relevant part: "Communication to government agency or self-regulatory organization — Immunity from civil liability."

Hensen v. Peter

95 Wash. 628 · Washington Supreme Court · Apr 13, 1917

To sustain such a principle, would be but holding out inducement to litigants to commence and protract, by artifice or other unauthorized means, vexatious litigation, with a view of finding immunity ultimately under the statute … In that case the court said : “We are clearly of opinion that it must be held that the lien of the judgment was in life at the time of the issuing of the third execution, in October, 1863, upon the ground that the time from

State v. Sieyes

225 P.3d 995 · Washington Supreme Court · Feb 18, 2010

For the purposes of this case, it is enough that the state constitutional right to bear arms is clearly an individual one. III. … See Michael Anthony Lawrence, Second Amendment Incorporation through the Fourteenth Amendment Privileges or Immunities and Due Process Clauses, 72 Mo.

State Ex Rel. Scofield v. Easterday

182 Wash. 209 · Washington Supreme Court · Jun 13, 1935

It is next contended that chapter 179 does not conform to the requirements of § 4 of Art. 11 of the constitution, which provides that the legislature shall establish a system of uniform county government which shall be uniform … Clearly, the naming of an assistant is not the creation of an office. The case of State ex rel. Egbert v. Blumberg, 46 Wash. 270 , 89 Pac. 708 , is entirely different.

Cornelius v. Dep't of Ecology

Washington Supreme Court · Feb 12, 2015

We will overturn an agency's factual findings only ifthey are clearly erroneous. !d. at 594. … That statute allows for attorney fees when a qualified party prevails in judicial review of an agency action. Here, Cornelius does not prevail.

Morris v. International Yogurt Co.

107 Wash. 2d 314 · Washington Supreme Court · Dec 4, 1986

The Morrises argue that a franchisor must be required to comply strictly with all of FIPA's exemption *319 requirements in order to qualify for an exemption. … The evidence also clearly shows that this particular yogurt mix was a fundamental ingredient contributing to the special quality of the final product.

Wolf v. Scott Wetzel Services, Inc.

113 Wash. 2d 665 · Washington Supreme Court · Oct 31, 1989

action because the injury arising from employment discrimination was separate and distinct from the physical injury suffered by the employee in the workplace. 19 Despite some facial similarity to the present case, Reese is clearly … We further observe that legislation was recently unsuccessfully introduced in both houses of the Legislature that would have added a new section to the IIA establishing bad faith administration of a workers' compensation