Case law

Batey v. Batey

35 Wash. 2d 791 · Washington Supreme Court · Mar 3, 1950

Thatcher was appointed guardian for appellant and duly qualified and continued to act as such until August 5, 1948, when his final report was approved and he was discharged. … Since the order of committal was not void, this court declared it to be immune from collateral attack.

Cole v. Webster

103 Wash. 2d 280 · Washington Supreme Court · Dec 26, 1984

The Board's decision clearly required judgment guided by knowledge, prudence and circumspection. … The holding in this case was subsequently qualified in Wallace v.

King v. King

174 P.3d 659 · Washington Supreme Court · Dec 6, 2007

Her motion was denied. ¶ 74 The trial court was clearly aware of her lack of representation. On several occasions Ms. … While it cannot be said that she would have prevailed with the assistance of counsel, she was clearly at a significant disadvantage without it.

K Vintners v. United States

85 F. Supp. 3d 1225 · District Court, E.D. Washington · Jan 21, 2015

The Court finds that § 5041(c)(6) clearly and unambiguously restricts eligibility for the tax credit to wines “produced” by small wineries and transferred in bond. … Plaintiffs must first establish that the TTB engaged in affirmative misconduct going beyond mere negligence.

Doe v. Gonzaga University

143 Wash. 2d 687 · Washington Supreme Court · May 31, 2001

An appellate court may overturn a jury s verdict only if the verdict is “clearly unsupported by substantial evidence.” Burnside v. Simpson Paper Co., 123 Wn.2d 93, 108 , 864 P.2d 937 (1994). … John Doe contends that the common interests of a corporation’s employees create only a qualified privilege.

Owens v. Scott Publishing Co.

46 Wash. 2d 666 · Washington Supreme Court · May 26, 1955

Qualified or Conditional Privilege. … Criticism of the acts of public officials may be vehement, or severe, provided the criticism or comment does not impute crime, misconduct, or improper motives, unless the facts clearly warrant such an imputation.

State v. Melvern

32 Wash. 7 · Washington Supreme Court · May 5, 1903

We are unable to perceive why the alleged irregularity in the manner of bringing the appellant before the court entitled him to immunity from trial for the offense with which he was charged in the information. … The objection to this instruction is that it “clearly tells the jury that the burden is upon the defendant to prove himself not guilty of murder in the second degree.”

City of Spokane v. Taxpayers of City of Spokane

111 Wash. 2d 91 · Washington Supreme Court · Jul 14, 1988

Named as defendants were Spokane's taxpayers, the ratepayers of the City's refuse utility, and the City's qualified and registered electors. … Indeed, these requirements are more clearly met with regard to the ratepayers and electors than with regard to the taxpayers.

City of Bellevue v. Hellenthal

28 P.3d 744 · Washington Supreme Court · Aug 2, 2001

Supervision of purchase and of initial testing is not critical to authentication, provided that the witness who has qualified as an expert shows that the devices have passed the tests and checks necessary to establish that … Canon 3 of the Code of Judicial Conduct establishes that this is the high standard necessary to protect judicial impartiality.

State v. Dale

115 Wash. 466 · Washington Supreme Court · Apr 18, 1921

This, it is easy to see, might have prejudiced the case of the state, but clearly it could in no way have prejudiced the defendant. … And again: “Because a certain instruction taken by itself is insufficient, defective, or not properly qualified, it does not necessarily follow that a case should be reversed.

State Ex Rel. Barry v. Superior Court

179 Wash. 55 · Washington Supreme Court · Sep 19, 1934

Noon duly qualified by filing’ his oath of office and official bond on June 6, 1934. The losing party in the superior court filed a written instrument denominated “Petition to Revoke Letters of Administrator.” … The date in question already appeared clearly and correctly in the pleadings and files before the court, and no one was confused about it other than the attorney himself; and the order to which the nominal motion for a new

State v. Hooper

100 Wash. App. 179 · Court of Appeals of Washington · Feb 28, 2000

The “real facts” doctrine forbids a sentencing court from basing an exceptional sentence on unstipulated facts that establish the elements of a more serious or uncharged crime. 13 One purpose of this rule is to hold defendants … Washington has adopted a ‘Good Samaritan’ statute which provides immunity against civil liability for those who render emergency care at the scene of an emergency, unless they commit gross negligence or willM or wanton misconduct

Garrett v. Nespelem Consolidated Mines, Inc.

18 Wash. 2d 340 · Washington Supreme Court · Jun 30, 1943

Clearly, the default in appearing and answering for the corporation covered only a few days. We cannot agree with counsel for appellant that the statute (Rem. Rev. … A judgment against the individual or corporation, in the absence of fraud or collusion, will establish the existence and extent of the obligation.

In Re Jr

230 P.3d 1087 · Court of Appeals of Washington · May 11, 2010

. ¶ 31 J.R. fails to establish that he is a member of a similarly situated class. … s situation who once had a permanency plan, but no longer did, to qualify for reinstatement of parental rights.

Anderson v. Ruberg

20 Wash. 2d 103 · Washington Supreme Court · Feb 18, 1944

With this thought in mind, we have examined the whole record, and it is now our opinion that the preponderance of the evidence and the proper inferences to be drawn therefrom establish the following facts, which we deem the … To constitute a delivery, it must clearly appear that it was the intention of the grantor that the deed would pass title at the time, and that he would then lose all control over it.

Engel v. Breske

37 Wash. App. 526 · Court of Appeals of Washington · May 9, 1984

Engel sought to establish a resulting trust in a house in which her daughter and son-in-law, Judith and Fred Breske, held record title. … The Breskes qualified for a loan, and they executed a note for *528 $17,500, secured by a deed of trust. Engel did not cosign the note.

State ex rel. Smith v. Neal

25 Wash. 264 · Washington Supreme Court · Jun 1, 1901

Smith, the duly elected, qualified, and acting county clerk of said county, against Grant Heal, the auditor of said county, and the board of county commissioners, to compel said board to allow a certain claim alleged to be … The salary to be paid has been clearly and definitely fixed according to population.

State v. Young

160 Wash. 2d 799 · Washington Supreme Court · Jul 12, 2007

The adult conviction qualified Young as a persistent offender, and the trial court sentenced him to life imprisonment without the possibility of release. … Young received a life sentence because his conviction in this case, in combination with his prior rape conviction, qualified him as a persistent offender.

In Re Maher's Estate

195 Wash. 126 · Washington Supreme Court · Jun 1, 1938

Schmidt was, May 11, 1934, appointed administrator of the estate and thereafter qualified as such. … Maher whose estate is now before us is positively established. The fact that Mr.

Medicraft v. State of Washington

District Court, W.D. Washington · May 23, 2023

City of Boise, Idaho, 623 F.3d 945 (9th Cir. 2010) (noting that 19 qualified immunity is a pure question of law and that Ninth Circuit may consider … In Desmet, the Washington 25 Supreme Court emphasized that the scope of the immunity is narrow and that “[t]his court has 26 established that