Case law

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.

Baker v. United States

417 F. Supp. 471 · District Court, W.D. Washington · Jan 2, 1975

Rainier were not clearly observable to the crew of the aircraft between the time of takeoff and the happening of the accident. … the changes, if any, were in fact clearly observable to the crew of 41C. 22.

State v. Woods

154 Wash. 2d 613 · Washington Supreme Court · Jun 30, 2005

Here the trial court found the children were competent as of March 2001 (“But she clearly had the ability in March of ‘01 to have accurate impressions of events that were occurring to her.”). … problem is nothing in this record, and I mean nothing, establishes that the alleged abuse took place in March 2001 or thereafter. ¶44 The lead opinion claims the evidence “established a relatively narrow time frame during

In Re Stenson

102 P.3d 151 · Washington Supreme Court · Nov 24, 2004

While the majority believes that the lack of the word "should" is dispositive, I believe that it clearly was not necessary for the legislature to have included the word in the statutory scheme. … However, we do not reach this issue because Stenson is unable to establish that we should review these reports.

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.

Kathleen Mancini v. City Of Tacoma

Court of Appeals of Washington · Jun 8, 2015

"Once the plaintiff has established a prima facie case of defamation, the defendant can raise either an absolute or qualified privilege to defend against liability for defamatory statements." Momah v. Bharti. 144 Wn. … Furthermore, "proof of an abuse of a qualified privilege must be established by clear and convincing evidence, not simply by a preponderance of the evidence."

In Re Dependency of KNJ

257 P.3d 522 · Washington Supreme Court · Aug 2, 2011

In this case, constitutionally qualified superior court judges held dependency review hearings on July 5, 2007 and November 21, 2007. … The State clearly failed to establish this element as to K.N.J.'s father. That being the case, the trial court should not have gone on to decide if a termination of *532 K.N.J.'

Smith v. Retallick

48 Wash. 2d 360 · Washington Supreme Court · Feb 16, 1956

In its oral decision, at the close of the case, the court expressed the opinion that: "... the evidence I think establishes quite clearly, that aside from the anger which had been engendered between the parties because of … As to the above statutory provision, the court said: "But we think it clear, upon a mere reading of the section, that it merely establishes the nonliability of the husband as an individual.

Eidinger v. Mamlock

138 Wash. 276 · Washington Supreme Court · Mar 29, 1926

Soon thereafter his last will was duly proven and admitted to probate in the superior court for Pierce county, Gertrude duly qualified as executrix thereof and proceeded with the administration of the estate of the father … The dangers incident to the establishment of the existence of such an oral agreement has been emphasized by this court, and the necessity of proof of the most convincing nature to establish such an agreement has been repeatedly

De Botton v. Quality Loan Service Corporation of Washington

District Court, W.D. Washington · Apr 26, 2023

Most of these facts are clearly at issue in the pending summary judgment 12 motion, and defendants selected documents and information in their … to inquire whether other, less 14 15 supportive documents exist and/or to test defendants’ assertions regarding statutory 16 compliance and immunities

Harborview Fellowship v. Inslee

District Court, W.D. Washington · Dec 9, 2020

Chen also moved for qualified immunity. After the Plaintiff 11 clarified that it is only making claims against Dr. Chen in his official capacity, Dr. … Chen 12 acknowledged that a ruling on qualified immunity is not appropriate at this time.) 13 II. DISCUSSION 14 A.

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.

James v. FPI Management Inc

District Court, W.D. Washington · May 11, 2022

Moreover, he must clearly identify each named 3 defendant’s involvement in the constitutional violation for which he is suing that specific 4 defendant. See Arnold, 637 F.2d at 1355; Rizzo v. … See Botello, 413 F.3d at 975-76 (stating that when 8 prosecutors perform administrative or other investigative functions, only qualified 9 immunity is available, and that the court looks at the nature of the function

Viewcrest Condominium Association, Res. v. Brenda L. Robertson, App.

197 Wash. App. 334 · Court of Appeals of Washington · Dec 27, 2016

Wash. 1994) ("In short, when the legislature has wanted to add exceptions to the homestead exemption, it has done so clearly and directly."). 15 RCW 6.13.070. … Applying the long-established directive to construe homestead provisions liberally, we conclude there is no specific, clear, and direct limitation on a condominium homestead that eliminates the right to possession granted

WASH.-ORE. SHIPPERS ETC. v. Schumacher

59 Wash. 2d 159 · Washington Supreme Court · Dec 14, 1961

WOSCA qualifies for an exemption under 49 U.S.C. § 1002 (c), and, therefore, *162 is not subject to regulation by the Interstate Commerce Commission as a freight forwarder. … The members could arrange their transactions individually and enjoy the tax immunities of the commerce clause.

World Wide Video of Washington, Inc. v. City of Spokane

125 Wash. App. 289 · Court of Appeals of Washington · Jan 11, 2005

An adult retail use establishment and an adult entertainment establishment may not be located or maintained within seven hundred fifty feet, measured from the nearest building of the adult retail use establishment or of the … Barbanti clearly did not meet this deadline and accordingly waived this issue. See Lakeside Indus. v.

State ex rel. Onstine v. Bartlett

131 Wash. 546 · Washington Supreme Court · Dec 4, 1924

“In the present case, it is pertinent to inquire: What provision of the constitution has been clearly violated by the act of 1913? … In both cases the legislature prescribed the limitations, and, in so doing, exercised a power clearly contemplated by the constitution.

State v. Carter

161 Wash. App. 532 · Court of Appeals of Washington · Apr 27, 2011

Moses, 79 Wn.2d at 110 . ¶18 Second, the legislature set out the subsection (2) exemption in a separate subsection rather than including it in the definition of the offense defined in subsection (1), clearly suggesting a … Instead, the exemption is a defense that Carter had the burden of establishing. III.

Boeing Co. v. Department of Licensing

103 Wash. 2d 581 · Washington Supreme Court · Jan 11, 1985

While the second and third exemptions focus on the nature of the particular flight, the first exemption clearly exempts fuel used by certificated air carriers as a class. … It was established during the audit and lower court proceedings that a small portion of the fuel Boeing used during the audit period was taxable.

Charlton v. Day Island Marina, Inc.

46 Wash. App. 784 · Court of Appeals of Washington · Mar 9, 1987

We doubt that a boathouse qualifies as a "product" under section 402A, given its similarities to other buildings. See footnote 2. … Super. 429 , 302 A.2d 456 (1973), we doubt that the boathouse so qualifies.